Florida Senate - 2022 CS for CS for SB 1304 By the Committees on Rules; and Judiciary; and Senator Gruters 595-03326-22 20221304c2 1 A bill to be entitled 2 An act relating to public records; creating s. 3 662.1465, F.S.; requiring clerks to take certain 4 actions relating to court records for proceedings 5 under ch. 736, F.S., and ch. 738, F.S., in which a 6 family trust company, licensed family trust company, 7 or foreign licensed family trust company is a party 8 and upon written notice; creating an exemption from 9 public records requirements for such records; defining 10 the term “court records”; authorizing certain persons 11 to inspect such records if certain requirements are 12 met; authorizing clerks to make records available to 13 specified individuals under certain circumstances; 14 providing a statement of public necessity; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 662.1465, Florida Statutes, is created 20 to read: 21 662.1465 Family trust company proceedings; public records 22 exemption.— 23 (1) In proceedings under chapter 736 or chapter 738 in 24 which a family trust company, licensed family trust company, or 25 foreign licensed family trust company is a party, upon written 26 notice from any party to the clerk that this section is 27 applicable, the clerk shall keep all court records of that case 28 separate from other records of the court and not open to 29 inspection by the public. Upon receipt of such written notice, 30 court records of that case are confidential and exempt from s. 31 119.07 and s. 24(a), Art. I of the State Constitution and must 32 be protected. For the purposes of this section, the term “court 33 records” means the docket and all filings and other records of a 34 case. 35 (2) Notwithstanding subsection (1), court records may be 36 inspected upon order of the court by persons deemed by the court 37 to have a specific interest in the trust, a transaction relating 38 to the trust, or an asset held or previously held by the trust 39 and where the court determines there is a compelling need for 40 releasing the information requested. In granting a right to any 41 person to inspect court records, the court may limit access to 42 such information as the court deems necessary and may place any 43 reasonable restriction on further distribution of such 44 information by such person. 45 (3) Notwithstanding subsection (1), the clerk shall make 46 court records available to the following individuals: 47 (a) The settlor. 48 (b) Any fiduciary for the trust, including a trustee or 49 trust director. 50 (c) Any beneficiary of the trust. 51 (d) An attorney for the settlor, a fiduciary, or a 52 beneficiary of the trust. 53 Section 2. The Legislature finds that it is a public 54 necessity that the court records of proceedings under chapter 55 736, Florida Statutes, or chapter 738, Florida Statutes, 56 involving family trust companies, licensed family trust 57 companies, or foreign licensed family trust companies be made 58 confidential and exempt from s. 119.07, Florida Statutes, and s. 59 24(a), Article I of the State Constitution under certain 60 circumstances. Public disclosure of the court records of such 61 proceedings, which include information relating to the clients, 62 family members, members, or stockholders of a family trust 63 company, licensed family trust company, or foreign licensed 64 family trust company, would vitiate other protections granted by 65 law to such companies and their constituents. In addition, 66 proceedings under chapter 736, Florida Statutes, or chapter 738, 67 Florida Statutes, often involve large sums of money or 68 vulnerable people who could be targeted for exploitation or 69 abuse. Public disclosure of sensitive family and financial 70 information contained in the court records of such proceedings 71 can result in specific harm to beneficiaries and other 72 interested parties in these cases. Therefore, the Legislature 73 finds that the need to protect the identities of beneficiaries 74 of trusts for which a family trust company, licensed family 75 trust company, or foreign licensed family trust company is a 76 trustee, and the sensitive financial information contained in 77 the court records of such proceedings, is sufficiently 78 compelling to override the state’s public policy of open 79 government and that the protection of such information cannot be 80 accomplished without this exemption. 81 Section 3. This act shall take effect July 1, 2022.