Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1420
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LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 283 - 396
4 and insert:
5 v. The home addresses, telephone numbers, and dates of
6 birth of current or former county attorneys, deputy county
7 attorneys, assistant county attorneys, city attorneys, deputy
8 city attorneys, and assistant city attorneys; the names, home
9 addresses, telephone numbers, dates of birth, and places of
10 employment of the spouses and children of current or former
11 county attorneys, deputy county attorneys, assistant county
12 attorneys, city attorneys, deputy city attorneys, and assistant
13 city attorneys; and the names and locations of schools and day
14 care facilities attended by the children of current or former
15 county attorneys, deputy county attorneys, assistant county
16 attorneys, city attorneys, deputy city attorneys, and assistant
17 city attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I
18 of the State Constitution. This exemption does not apply to a
19 current or former county attorney, deputy county attorney,
20 assistant county attorney, city attorney, deputy city attorney,
21 or assistant city attorney who qualifies as a candidate for
22 election to public office.
23 3. An agency that is the custodian of the information
24 specified in subparagraph 2. and that is not the employer of the
25 officer, employee, justice, judge, or other person specified in
26 subparagraph 2. must maintain the exempt status of that
27 information only if the officer, employee, justice, judge, other
28 person, or employing agency of the designated employee submits a
29 written and notarized request for maintenance of the exemption
30 to the custodial agency. The request must state under oath the
31 statutory basis for the individual’s exemption request and
32 confirm the individual’s status as a party eligible for exempt
33 status.
34 4.a. A county property appraiser, as defined in s.
35 192.001(3), or a county tax collector, as defined in s.
36 192.001(4), who receives a written and notarized request for
37 maintenance of the exemption pursuant to subparagraph 3. must
38 comply by removing the name of the individual with exempt status
39 and the instrument number or Official Records book and page
40 number identifying the property with the exempt status from all
41 publicly available records maintained by the property appraiser
42 or tax collector. For written requests received on or before
43 July 1, 2021, a county property appraiser or county tax
44 collector must comply with this sub-subparagraph by October 1,
45 2021. A county property appraiser or county tax collector may
46 not remove the street address, legal description, or other
47 information identifying real property within the agency’s
48 records so long as a name or personal information otherwise
49 exempt from inspection and copying pursuant to this section are
50 not associated with the property or otherwise displayed in the
51 public records of the agency.
52 b. Any information restricted from public display,
53 inspection, or copying under sub-subparagraph a. must be
54 provided to the individual whose information was removed.
55 5. An officer, an employee, a justice, a judge, or other
56 person specified in subparagraph 2. may submit a written request
57 for the release of his or her exempt information to the
58 custodial agency. The written request must be notarized and must
59 specify the information to be released and the party authorized
60 to receive the information. Upon receipt of the written request,
61 the custodial agency must release the specified information to
62 the party authorized to receive such information.
63 6. The exemptions in this paragraph apply to information
64 held by an agency before, on, or after the effective date of the
65 exemption.
66 7. Information made exempt under this paragraph may be
67 disclosed pursuant to s. 28.2221 to a title insurer authorized
68 pursuant to s. 624.401 and its affiliates as defined in s.
69 624.10; a title insurance agent or title insurance agency as
70 defined in s. 626.841(1) or (2), respectively; or an attorney
71 duly admitted to practice law in this state and in good standing
72 with The Florida Bar.
73 8. The exempt status of a home address contained in the
74 Official Records is maintained only during the period when a
75 protected party resides at the dwelling location. Upon
76 conveyance of real property after October 1, 2021, and when such
77 real property no longer constitutes a protected party’s home
78 address as defined in sub-subparagraph 1.a., the protected party
79 must submit a written request to release the removed information
80 to the county recorder. The written request to release the
81 removed information must be notarized, must confirm that a
82 protected party’s request for release is pursuant to a
83 conveyance of his or her dwelling location, and must specify the
84 Official Records book and page, instrument number, or clerk’s
85 file number for each document containing the information to be
86 released.
87 9. Upon the death of a protected party as verified by a
88 certified copy of a death certificate or court order, any party
89 can request the county recorder to release a protected
90 decedent’s removed information unless there is a related request
91 on file with the county recorder for continued removal of the
92 decedent’s information or unless such removal is otherwise
93 prohibited by statute or by court order. The written request to
94 release the removed information upon the death of a protected
95 party must attach the certified copy of a death certificate or
96 court order and must be notarized, must confirm the request for
97 release is due to the death of a protected party, and must
98 specify the Official Records book and page number, instrument
99 number, or clerk’s file number for each document containing the
100 information to be released. A fee may not be charged for the
101 release of any document pursuant to such request.
102 10. This paragraph is subject to the Open Government Sunset
103 Review Act in accordance with s. 119.15 and shall stand repealed
104 on October 2, 2024, unless reviewed and saved from repeal
105 through reenactment by the Legislature.
106 Section 2. The Legislature finds that it is a public
107 necessity that the home addresses, telephone numbers, and dates
108 of birth of current or former county attorneys, deputy county
109 attorneys, assistant county attorneys, city attorneys, deputy
110 city attorneys, and assistant city attorneys be made exempt from
111 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
112 State Constitution. The Legislature further finds that it is a
113 public necessity that the names, home addresses, telephone
114 numbers, dates of birth, and places of employment of the spouses
115 and children of current or former county attorneys, deputy
116 county attorneys, assistant county attorneys, city attorneys,
117 deputy city attorneys, and assistant city attorneys, and the
118 names and locations of schools and day care facilities attended
119 by the children of such attorneys, be made exempt from s.
120 119.07(1), Florida Statutes, and s. 24(a), Article I of the
121 State Constitution. The responsibilities of county attorneys,
122 deputy county attorneys, assistant county attorneys, city
123 attorneys, deputy city attorneys, and assistant city
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 6 - 7
128 and insert:
129 attorneys, deputy county attorneys, assistant county
130 attorneys, city attorneys, deputy city attorneys, and
131 assistant city attorneys, and the names and