Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 862
Ì759884aÎ759884
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/08/2024 .
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The Committee on Community Affairs (Jones) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 307 - 440
4 and insert:
5 birth of current county administrators and city managers; the
6 names, home addresses, telephone numbers, dates of birth,
7 photographs, and places of employment of the spouses and
8 children of current county administrators and city managers; and
9 the names and locations of schools and day care facilities
10 attended by the children of current county administrators and
11 city managers are exempt from s. 119.07(1) and s. 24(a), Art. I
12 of the State Constitution. This sub-subparagraph is subject to
13 the Open Government Sunset Review Act in accordance with s.
14 119.15 and shall stand repealed on October 2, 2029, unless
15 reviewed and saved from repeal through reenactment by the
16 Legislature.
17 3. An agency that is the custodian of the information
18 specified in subparagraph 2. and that is not the employer of the
19 officer, employee, justice, judge, or other person specified in
20 subparagraph 2. must maintain the exempt status of that
21 information only if the officer, employee, justice, judge, other
22 person, or employing agency of the designated employee submits a
23 written and notarized request for maintenance of the exemption
24 to the custodial agency. The request must state under oath the
25 statutory basis for the individual’s exemption request and
26 confirm the individual’s status as a party eligible for exempt
27 status.
28 4.a. A county property appraiser, as defined in s.
29 192.001(3), or a county tax collector, as defined in s.
30 192.001(4), who receives a written and notarized request for
31 maintenance of the exemption pursuant to subparagraph 3. must
32 comply by removing the name of the individual with exempt status
33 and the instrument number or Official Records book and page
34 number identifying the property with the exempt status from all
35 publicly available records maintained by the property appraiser
36 or tax collector. For written requests received on or before
37 July 1, 2021, a county property appraiser or county tax
38 collector must comply with this sub-subparagraph by October 1,
39 2021. A county property appraiser or county tax collector may
40 not remove the street address, legal description, or other
41 information identifying real property within the agency’s
42 records so long as a name or personal information otherwise
43 exempt from inspection and copying pursuant to this section is
44 not associated with the property or otherwise displayed in the
45 public records of the agency.
46 b. Any information restricted from public display,
47 inspection, or copying under sub-subparagraph a. must be
48 provided to the individual whose information was removed.
49 5. An officer, an employee, a justice, a judge, or other
50 person specified in subparagraph 2. may submit a written request
51 for the release of his or her exempt information to the
52 custodial agency. The written request must be notarized and must
53 specify the information to be released and the party authorized
54 to receive the information. Upon receipt of the written request,
55 the custodial agency must release the specified information to
56 the party authorized to receive such information.
57 6. The exemptions in this paragraph apply to information
58 held by an agency before, on, or after the effective date of the
59 exemption.
60 7. Information made exempt under this paragraph may be
61 disclosed pursuant to s. 28.2221 to a title insurer authorized
62 pursuant to s. 624.401 and its affiliates as defined in s.
63 624.10; a title insurance agent or title insurance agency as
64 defined in s. 626.841(1) or (2), respectively; or an attorney
65 duly admitted to practice law in this state and in good standing
66 with The Florida Bar.
67 8. The exempt status of a home address contained in the
68 Official Records is maintained only during the period when a
69 protected party resides at the dwelling location. Upon
70 conveyance of real property after October 1, 2021, and when such
71 real property no longer constitutes a protected party’s home
72 address as defined in sub-subparagraph 1.a., the protected party
73 must submit a written request to release the removed information
74 to the county recorder. The written request to release the
75 removed information must be notarized, must confirm that a
76 protected party’s request for release is pursuant to a
77 conveyance of his or her dwelling location, and must specify the
78 Official Records book and page, instrument number, or clerk’s
79 file number for each document containing the information to be
80 released.
81 9. Upon the death of a protected party as verified by a
82 certified copy of a death certificate or court order, any party
83 can request the county recorder to release a protected
84 decedent’s removed information unless there is a related request
85 on file with the county recorder for continued removal of the
86 decedent’s information or unless such removal is otherwise
87 prohibited by statute or by court order. The written request to
88 release the removed information upon the death of a protected
89 party must attach the certified copy of a death certificate or
90 court order and must be notarized, must confirm the request for
91 release is due to the death of a protected party, and must
92 specify the Official Records book and page number, instrument
93 number, or clerk’s file number for each document containing the
94 information to be released. A fee may not be charged for the
95 release of any document pursuant to such request.
96 10. Except as otherwise expressly provided in this
97 paragraph, this paragraph is subject to the Open Government
98 Sunset Review Act in accordance with s. 119.15 and shall stand
99 repealed on October 2, 2024, unless reviewed and saved from
100 repeal through reenactment by the Legislature.
101 Section 2. The Legislature finds that it is a public
102 necessity that the home addresses, telephone numbers, and dates
103 of birth of current county administrators and city managers; the
104 names, home addresses, telephone numbers, dates of birth,
105 photographs, and places of employment of the spouses and
106 children of current county administrators and city managers; and
107 the names and locations of schools and day care facilities
108 attended by the children of current county administrators and
109 city managers be made exempt from s. 119.07(1), Florida
110 Statutes, and s. 24(a), Article I of the State Constitution.
111 Such personal identifying and location information can be used
112 as a tool to perpetrate fraud against an individual or to
113 acquire sensitive personal, financial, medical, or familial
114 information, the release of which could cause great financial or
115 professional harm to the individual. In the course of performing
116 their managerial functions, current county administrators and
117 city managers may make decisions and determinations that upset
118 members of the public and may incur the ill will of those
119 residents, making current county administrators and city
120 managers and their spouses and children targets for acts of
121 revenge. If such personal identifying and location information
122 is released, the safety of current county administrators and
123 city managers and their spouses and children could be
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 5 - 13
128 and insert:
129 location information of current county administrators
130 and city managers, including the names and personal
131 identifying and location information of the spouses
132 and children of current county administrators and city
133 managers; providing for future