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