HB 781 — Public Records

For requests for removal from a person claiming a public records exemptionPage pursuant5 toof s.22 CODING:

Words stricken are deletions;

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 exemption pursuant to s.

119.071 must be provided at any time to thea individualperson whose information was removed.removed, the guardian of an incapacitated person or, if deceased, the personal representative, heirs, or devisees, at any time.

The written request for the restricted information must be bynotarized, swornstate affidavitunder consistentoath withthe s.statutory basis for the individual's claimed exemption, and confirm the individual's status as a party eligible for exempt status.

92.50A andparty mustmaking includea thefalse Officialattestation Recordsis booksubject andto page number, instrument number, or the clerk'spenalty Page 6 of 23perjury CODING:under s.

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 file number for any information or document to be released, and a description of the lawful purpose and identify the individual or property that is the subject of the search.

Any party making a false attestation is subject to the penalty of perjury under s.

28.222(2), andperfecting uponor presentationenforcing ofa photolien identificationor andother affirmationPage by6 swornof affidavit22 consistentCODING: with s.

92.50Words tostricken theare countydeletions; recorder, information restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 interest in real or personal property, or purchasing, leasing, or lending involving real or personal property, and upon presentation of photo identification and affirmation by sworn affidavit to the county recorder, information restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

AAn authorized title insurerinsurer, authorizedas pursuantdefined toin s.

624.401624.09, and its affiliatesaffiliates, as defined in s.

A title insurance agent or title insurance agencyagency, as those terms are defined in s.

626.841(1)626.841; and (2), respectively;

or c.

An attorney duly admitted to practice law in this state and in good standing with The Florida Bar.Bar;

or d.

A financial institution, as defined in s.

655.005(1)(i).

The affiant requestor must attest to his or her authority and the authorized purpose to access exempt Pageinformation 7pursuant ofto 23this CODING:section for the property specified within the sworn affidavit.

4.

Affidavits submitted by a financial institution, title insurer, title insurance agent, or title insurance agency must include the Florida Company Code or the license number, as Page 7 of 22 CODING:

hb0781-02-c2hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 781 2021 informationapplicable, pursuantand an attestation to thisthe sectionaffiant forrequestor's theauthorization propertyto specifiedtransact withinbusiness thein swornthis affidavit.state.

4.

The affiant requestor must identify the Official Records book and page number, instrument number, or the clerk's file number for each document requested within the sworn affidavit, and must include a description of the lawful purpose and identify the individual or property that is the subject of the search within the sworn affidavit.

5.

Affidavits submitted by a title insurer, title insurance agent, or title insurance agency must include the Florida Company Code or the license number, as applicable, and an attestation to the affiant requestor's authorization to transact business in this state.

6.5.

6.

The affiant requestor, upon receipt of a property address from the county recorder under this section, must provide a copy of the previously submitted affidavit to each affected party at the disclosed address.

UponA providingparty making a documentfalse disclosingattestation redacted information to an affiant requestor under this section,section theis countysubject recorderto must provide a copy of the affidavitpenalty requesting disclosure of theperjury redactedunder informations. to each affected party at Page 8 of 23 CODING:

837.012.

(c) The county recorder may enter into a limited access license agreement to grant access through electronic means, not subject to general public display on the county recorder's publicly available Internet website, to information otherwise restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

119.071(4)(d) to the entities and for the purposes as specified in subparagraph (b)1.

(7) A person who uses any official record in a manner not Page 8 of 22 CODING:

hb0781-02-c2hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 781 2021 theauthorized addressin listedthis onsection thecommits documenta ormisdemeanor onof the requestsecond fordegree, removalpunishable madeas byprovided thein affected party under s.

119.071.

The county recorder must prepare a certificate of mailing to be affixed to the affidavit and must receive the statutory service charges as prescribed by s.

28.24 from the affiant requestor.

8.

Any party making a false attestation under this section is subject to the penalty of perjury under s.

837.012.

(7) A person who uses any official record in a manner not authorized in this section commits a misdemeanor of the second degree, punishable as provided in s.

"Home addresses" means the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive Pageproperty 9information ofthat 23may CODING:reveal the home address.

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 property information that may reveal the home address.

The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by aPage law9 enforcement agency, including correctional and correctional probation officers, personnel of the22 DepartmentCODING: of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement;

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement;

The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative Pagepersonnel 10of the Department of 23Financial CODING:Services whose duties include the investigation of fraud, theft, workers' compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt Page 10 of 22 CODING:

hb0781-02-c2hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 781 2021 personnelfrom ofs. the Department of Financial Services whose duties include the investigation of fraud, theft, workers' compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment Pageof 11the spouses and children of 23such CODING:firefighters;

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words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 of the spouses and children of such firefighters;

the names, home addresses, telephone numbers,Page dates11 of birth,22 andCODING: places of employment of the spouses and children of current or former justices and judges;

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges;

and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from Pages. 12 of 23 CODING:

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 s.

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensationPage claims,12 administrative law judges of the22 DivisionCODING: of Administrative Hearings, and child support enforcement hearing officers;

Words stricken are deletions;

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers;

the names, home addresses, telephone numbers, dates of birth, and places of employment of Pagethe 13spouses and children of 23such CODING:personnel;

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 the spouses and children of such personnel;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;Page 13 of 22 CODING:

Words stricken are deletions;

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 personnel;

The home addresses, telephone numbers, dates of birth, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention Pageofficer 14supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of 23the CODING:Department of Juvenile Justice;

the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children Page 14 of 22 CODING:

hb0781-02-c2hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 781 2021 officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of thesuch Departmentpersonnel; of Juvenile Justice;

the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel;

Page119.07(1) 15and ofs. 23 CODING:

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words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 119.07(1) and s.

and the names and locations of schools and day care facilities attended by the childrenPage 15 of such22 currentCODING: or former investigators and inspectors are exempt from s.

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 children of such current or former investigators and inspectors are exempt from s.

The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the PageDepartment 16 of 23Health; CODING:

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words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 Department of Health;

The home addresses, telephone numbers, dates of birth, and photographs of current or former impaired practitioner consultantsPage who16 are retained by an agency or current or former employees of an22 impairedCODING: practitioner consultant whose duties result in a determination of a person's skill and safety to practice a licensed profession;

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person's skill and safety to practice a licensed profession;

and the names and locations of schools and day care facilities attended by the Pagechildren 17 of 23such CODING:emergency medical technicians or paramedics are exempt from s.

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 children of such emergency medical technicians or paramedics are exempt from s.

The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency's office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that couldPage lead17 toof criminal22 prosecutionCODING: or administrative discipline;

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 could lead to criminal prosecution or administrative discipline;

For purposes of this sub-subparagraph, the term "addiction treatment facility" means Pagea 18county ofgovernment, 23or CODING:agency thereof, that is licensed pursuant to s.

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words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 a county government, or agency thereof, that is licensed pursuant to s.

39.3035(1) and fulfills the screeningPage requirement18 of s.22 CODING:

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 screening requirement of s.

must shall maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a Pagewritten 19and notarized request for maintenance of 23the CODING:exemption to the custodial agency.

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 written and notarized request for maintenance of the exemption to the custodial agency.

192.001(4), who receives a written and notarized request for maintenancePage 19 of the22 exemptionCODING: pursuant to subparagraph 3.

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words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 maintenance of the exemption pursuant to subparagraph 3.

must be Pageprovided 20to ofthe 23individual CODING:whose information was removed or, if deceased, the personal representative, heirs, or devisees.

Words stricken are deletions;

words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 provided to the individual whose information was removed.

Upon receipt of the writtenPage request,20 theof custodial22 agencyCODING: must shall release the specified information to the party authorized to receive such information.

Words stricken are deletions;

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 written request, the custodial agency must shall release the specified information to the party authorized to receive such information.

Information made exempt under this paragraph may be disclosed pursuant to a title insurer, authorized as defined in s.

28.2221624.09, toand aits titleaffiliates, insureras authorizeddefined pursuantin to s.

624.401 and its affiliates as defined in s.

a title insurance agent or title insurance agencyagency, as those terms are defined in s.

626.841(1)626.841; or (2), respectively;

or an attorney duly admitted to practice law in this state and in good standing with The Florida Bar.Bar;

or a financial institution, as defined in s.

655.005(1)(i).

The exempt status of a home address contained in the Official Records is maintained only during the period when a protectedperson partyentitled to the exemption resides at the dwelling location.

Upon conveyance of real property after October 1, 2021, and when such real property no longer constitutes a protected party's home Page 21 of 23 CODING:

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words underlined are additions.

hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 address as defined in sub-subparagraph 1.a., the protected party must submit a written request to release the removed information to the county recorder.

The written request to release the removed information must be notarized, must confirm that a protected party's request for release is pursuant to a conveyance of his or her dwelling location, and must specify the Official Records book and page, instrument number, or clerk's file number for each document containing the information to be released.

UponThis theparagraph deathis ofsubject ato protected party as verified by a certified copy of a death certificate or court order, any party can request the countyOpen recorderGovernment toSunset releaseReview aAct protectedin decedent'saccordance removed information unless there is a related request on file with thes. county recorder for continued removal of the decedent's information or unless such removal is otherwise prohibited by statute or by court order.

The written request to release the removed information upon the death of a protected party must attach the certified copy of a death certificate or court order and must be notarized, must confirm the request for release is due to the death of a protected party, and must specify the Official Records book and page number, instrument number, or clerk's file number for each document containing the information to be released.

A fee may not be charged for the release of any document pursuant to such request.

10.

This paragraph is subject to the Open Government Page 22 of 23 CODING:

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hb0781-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 781 2021 Sunset Review Act in accordance with s.

695.22 Daily schedule of deeds and conveyances filed for record to be furnished property appraiser.—After October 1, 1945, the several county recorders clerks of the circuit courts mustPage shall21 keep and furnish to the respective county property appraisers in the counties where such instruments are recorded a daily schedule of the22 aforesaidCODING: deeds and conveyances so filed for recordation, in which schedule must shall be set forth the name of the grantor or grantors, the names and addresses of each grantee, and a description of the land as specified in each instrument so filed.

Words stricken are deletions;

words underlined are additions.

hb0781-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 781 2021 must shall keep and furnish to the respective county property appraisers in the counties where such instruments are recorded a daily schedule of the aforesaid deeds and conveyances so filed for recordation, in which schedule must shall be set forth the name of the grantor or grantors, the names and addresses of each grantee, and a description of the land as specified in each instrument so filed.

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