Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1420
       
       
       
       
       
       
                                Ì431530lÎ431530                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2022           .                                
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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