Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 300
Ì307372(Î307372
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
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The Committee on Governmental Oversight and Accountability
(Rouson) recommended the following:
1 Senate Substitute for Amendment (741522) (with title
2 amendment)
3
4 Delete lines 357 - 461
5 and insert:
6 3.a. An agency that is the custodian of the information
7 specified in subparagraph 2. and that is not the employer of the
8 officer, employee, justice, judge, or other person specified in
9 subparagraph 2. must maintain the exempt status of that
10 information only if the officer, employee, justice, judge, other
11 person, or employing agency of the designated employee submits a
12 written and notarized request for maintenance of the exemption
13 to the custodial agency. The request must state under oath the
14 statutory basis for the individual’s exemption request and
15 confirm the individual’s status as a party eligible for exempt
16 status.
17 b. An agency that is the custodian of information specified
18 in sub-subparagraph 2.y. and that is not the employer of the
19 current appellate or circuit court clerk, current deputy clerk
20 of an appellate of circuit court, or clerk of the appellate and
21 circuit courts personnel, his or her spouse, or his or her
22 child, must maintain the exempt status of that information only
23 while the qualifying conditions for the exemption apply. The
24 person who qualifies for an exemption pursuant to sub
25 subparagraph 2.y, must submit a written and notarized letter to
26 a non-employing custodial agency that holds information
27 specified in sub-subparagraph 2.y. of the current appellate or
28 circuit court clerk, current deputy clerk of an appellate of
29 circuit court, or clerk of the appellate and circuit courts
30 personnel, his or her spouse, or his or her child, notifying it
31 of the cessation of his or her qualification for the exemption.
32 4.a. A county property appraiser, as defined in s.
33 192.001(3), or a county tax collector, as defined in s.
34 192.001(4), who receives a written and notarized request for
35 maintenance of the exemption pursuant to subparagraph 3. must
36 comply by removing the name of the individual with exempt status
37 and the instrument number or Official Records book and page
38 number identifying the property with the exempt status from all
39 publicly available records maintained by the property appraiser
40 or tax collector. For written requests received on or before
41 July 1, 2021, a county property appraiser or county tax
42 collector must comply with this sub-subparagraph by October 1,
43 2021. A county property appraiser or county tax collector may
44 not remove the street address, legal description, or other
45 information identifying real property within the agency’s
46 records so long as a name or personal information otherwise
47 exempt from inspection and copying pursuant to this section is
48 not associated with the property or otherwise displayed in the
49 public records of the agency.
50 b. Any information restricted from public display,
51 inspection, or copying under sub-subparagraph a. must be
52 provided to the individual whose information was removed.
53 5. An officer, an employee, a justice, a judge, or other
54 person specified in subparagraph 2. may submit a written request
55 for the release of his or her exempt information to the
56 custodial agency. The written request must be notarized and must
57 specify the information to be released and the party authorized
58 to receive the information. Upon receipt of the written request,
59 the custodial agency must release the specified information to
60 the party authorized to receive such information.
61 6. The exemptions in this paragraph apply to information
62 held by an agency before, on, or after the effective date of the
63 exemption.
64 7. Information made exempt under this paragraph may be
65 disclosed pursuant to s. 28.2221 to a title insurer authorized
66 pursuant to s. 624.401 and its affiliates as defined in s.
67 624.10; a title insurance agent or title insurance agency as
68 defined in s. 626.841(1) or (2), respectively; or an attorney
69 duly admitted to practice law in this state and in good standing
70 with The Florida Bar.
71 8. The exempt status of a home address contained in the
72 Official Records is maintained only during the period when a
73 protected party resides at the dwelling location. Upon
74 conveyance of real property after October 1, 2021, and when such
75 real property no longer constitutes a protected party’s home
76 address as defined in sub-subparagraph 1.b. 1.a., the protected
77 party must submit a written request to release the removed
78 information to the county recorder. The written request to
79 release the removed information must be notarized, must confirm
80 that a protected party’s request for release is pursuant to a
81 conveyance of his or her dwelling location, and must specify the
82 Official Records book and page, instrument number, or clerk’s
83 file number for each document containing the information to be
84 released.
85 9. Upon the death of a protected party as verified by a
86 certified copy of a death certificate or court order, any party
87 can request the county recorder to release a protected
88 decedent’s removed information unless there is a related request
89 on file with the county recorder for continued removal of the
90 decedent’s information or unless such removal is otherwise
91 prohibited by statute or by court order. The written request to
92 release the removed information upon the death of a protected
93 party must attach the certified copy of a death certificate or
94 court order and must be notarized, must confirm the request for
95 release is due to the death of a protected party, and must
96 specify the Official Records book and page number, instrument
97 number, or clerk’s file number for each document containing the
98 information to be released. A fee may not be charged for the
99 release of any document pursuant to such request.
100 Section 2. Paragraph (c) of subsection (1) of section
101 744.21031, Florida Statutes, is amended to read:
102 744.21031 Public records exemption.—
103 (1) For purposes of this section, the term:
104 (c) “Telephone numbers” has the same meaning as provided in
105 s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.c.
106 Section 3. The Legislature finds that it is a public
107 necessity that the home addresses, telephone numbers, dates of
108 birth, and photographs of current appellate court clerks, deputy
109 clerks, and clerk of the appellate court personnel; the names,
110 home addresses, telephone numbers, dates of birth, and places of
111 employment of the spouses and children of such appellate court
112 clerks, deputy clerks, and clerk of the appellate court
113 personnel; and the names and locations of schools and day care
114 facilities attended by the children of such appellate court
115 clerks, deputy clerks, and clerk of the appellate court
116 personnel, be made exempt from s. 119.07(1), Florida Statutes,
117 and s. 24(a), Article I of the State Constitution. While
118 performing their duties to issue court orders, maintain case
119 dockets, answer telephone calls, respond to correspondence, and
120 interact with visitors to the courthouse, appellate court
121 clerks, deputy clerks, and clerk of the appellate court
122 personnel, may incur the ill will of litigants and their
123 associates and families. As a result, current appellate court
124 clerks, deputy clerks, and clerk of the appellate court
125 personnel, and their spouses and children may be targets for
126 acts of revenge. If such identifying and location information is
127 released, the safety of current appellate court clerks, deputy
128 clerks, and clerk of the appellate court personnel, and their
129 spouses and children could be seriously jeopardized. For this
130 reason, the Legislature finds that it is a public necessity that
131 such information be made exempt from public records
132 requirements.
133
134 ================= T I T L E A M E N D M E N T ================
135 And the title is amended as follows:
136 Delete line 9
137 and insert:
138 the exemption; providing a method for maintenance of
139 an exemption; providing for retroactive application