Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1166
Ì305340nÎ305340
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/05/2023 .
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The Committee on Governmental Oversight and Accountability
(Collins) recommended the following:
1 Senate Amendment
2
3 Delete lines 290 - 370
4 and insert:
5 119.07(1) and s. 24(a), Art. I of the State Constitution. This
6 sub-subparagraph is subject to the Open Government Sunset Review
7 Act in accordance with s. 119.15 and shall stand repealed on
8 October 2, 2028, unless reviewed and saved from repeal through
9 reenactment by the Legislature.
10 3. An agency that is the custodian of the information
11 specified in subparagraph 2. and that is not the employer of the
12 officer, employee, justice, judge, or other person specified in
13 subparagraph 2. must maintain the exempt status of that
14 information only if the officer, employee, justice, judge, other
15 person, or employing agency of the designated employee submits a
16 written and notarized request for maintenance of the exemption
17 to the custodial agency. The request must state under oath the
18 statutory basis for the individual’s exemption request and
19 confirm the individual’s status as a party eligible for exempt
20 status.
21 4.a. A county property appraiser, as defined in s.
22 192.001(3), or a county tax collector, as defined in s.
23 192.001(4), who receives a written and notarized request for
24 maintenance of the exemption pursuant to subparagraph 3. must
25 comply by removing the name of the individual with exempt status
26 and the instrument number or Official Records book and page
27 number identifying the property with the exempt status from all
28 publicly available records maintained by the property appraiser
29 or tax collector. For written requests received on or before
30 July 1, 2021, a county property appraiser or county tax
31 collector must comply with this sub-subparagraph by October 1,
32 2021. A county property appraiser or county tax collector may
33 not remove the street address, legal description, or other
34 information identifying real property within the agency’s
35 records so long as a name or personal information otherwise
36 exempt from inspection and copying pursuant to this section are
37 not associated with the property or otherwise displayed in the
38 public records of the agency.
39 b. Any information restricted from public display,
40 inspection, or copying under sub-subparagraph a. must be
41 provided to the individual whose information was removed.
42 5. An officer, an employee, a justice, a judge, or other
43 person specified in subparagraph 2. may submit a written request
44 for the release of his or her exempt information to the
45 custodial agency. The written request must be notarized and must
46 specify the information to be released and the party authorized
47 to receive the information. Upon receipt of the written request,
48 the custodial agency must release the specified information to
49 the party authorized to receive such information.
50 6. The exemptions in this paragraph apply to information
51 held by an agency before, on, or after the effective date of the
52 exemption.
53 7. Information made exempt under this paragraph may be
54 disclosed pursuant to s. 28.2221 to a title insurer authorized
55 pursuant to s. 624.401 and its affiliates as defined in s.
56 624.10; a title insurance agent or title insurance agency as
57 defined in s. 626.841(1) or (2), respectively; or an attorney
58 duly admitted to practice law in this state and in good standing
59 with The Florida Bar.
60 8. The exempt status of a home address contained in the
61 Official Records is maintained only during the period when a
62 protected party resides at the dwelling location. Upon
63 conveyance of real property after October 1, 2021, and when such
64 real property no longer constitutes a protected party’s home
65 address as defined in sub-subparagraph 1.a., the protected party
66 must submit a written request to release the removed information
67 to the county recorder. The written request to release the
68 removed information must be notarized, must confirm that a
69 protected party’s request for release is pursuant to a
70 conveyance of his or her dwelling location, and must specify the
71 Official Records book and page, instrument number, or clerk’s
72 file number for each document containing the information to be
73 released.
74 9. Upon the death of a protected party as verified by a
75 certified copy of a death certificate or court order, any party
76 can request the county recorder to release a protected
77 decedent’s removed information unless there is a related request
78 on file with the county recorder for continued removal of the
79 decedent’s information or unless such removal is otherwise
80 prohibited by statute or by court order. The written request to
81 release the removed information upon the death of a protected
82 party must attach the certified copy of a death certificate or
83 court order and must be notarized, must confirm the request for
84 release is due to the death of a protected party, and must
85 specify the Official Records book and page number, instrument
86 number, or clerk’s file number for each document containing the
87 information to be released. A fee may not be charged for the
88 release of any document pursuant to such request.
89 10. Except as otherwise expressly provided in this
90 paragraph, this paragraph is subject to the Open Government
91 Sunset