SB 844 — Public Records

Florida Senate - 2021 CS for CS for SB 844 By the CommitteesCommittee on CommunityGovernmental Affairs;Oversight and Accountability;

and GovernmentalSenator OversightHooper and585-02376-21 Accountability;2021844c1 A bill to be entitled An act relating to public records;

and Senator Hooper 578-03615-21 2021844c2 A bill to be entitled An act relating to public records;

prohibitingprescribing requirements for a countyperson recorderclaiming froma placingpublic certainrecords exemption to request removal of information onfrom thea publicly available website;

prescribing requirements for athe personrelease claimingof arestricted publicinformation records exemption to requestthe removalindividual ofwhose information fromwas aremoved, publicly available website, subject to penalty of perjury;

prescribing the release of restricted information to the individual whose information was removed, subject to penalty of perjury;

authorizing the county recorder to enter into a limited access license agreement to allow electronic access to official records for specified parties and limited purposes;

requiringauthorizing the release of information restricted from public display to the individual whose information was removed;

providing notice of disclosure of exempt information under specified circumstances to specified entities;

requiring the employee to submit a written request to release removed information upon the conveyance of his or her dwelling location;location and is not subject to a fee;

prescribing procedures to release certain information for a decedent under specified conditions;

specifying that such release is not subject to a fee;

4746 Be It Enacted by the Legislature of the State of Florida:

4948 Section 1. Subsection (7) of section 28.222, Florida Statutes, is amended to read:

(6)(a) Any information restricted from public display, or inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

119.071 must be provided at any time to the individual whose information was removed.removed, 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 pagethe number,penalty instrumentof number,perjury orunder clerk’ss. file number for any information or document to be released.

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

(b)1. For the purpose of conducting a title searchsearch, as defined by s.

627.7711627.7711, perfecting or enforcing a lien or other 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 consistentto withthe county recorder, information restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

92.50119.071(4)(d) tomay thebe countydisclosed recorder,to: information restricted from public display, inspection, or copying under paragraph (5)(a) pursuant to a request for removal made under s.

119.071a. An mayauthorized betitle disclosedinsurer to:as defined in s.

a. A624.09, titleand insurertheir authorizedaffiliates, pursuantas todefined in s.

624.401 and its affiliates as defined in s.

b. A title insurance agent or title insurance agencyagencies, as 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).

4. The4. Affidavits affiantsubmitted requestorby a financial institution, title insurer, title insurance agent, or title insurance agency must identifyinclude the OfficialFlorida RecordsCompany bookCode andor pagethe license number, instrumentas number,applicable, orand clerk’san fileattestation numberto forthe eachaffiant documentrequestor’s requestedauthorization withinto thetransact swornbusiness affidavit.in this state.

5. AffidavitsAffidavits submitted by aan titleattorney insurer,authorized titleunder insurancethis agent,section or title insurance agency must include the affiant requestor’s Florida CompanyBar Codenumber orand thea licensestatement number,that asthe applicable,affiant andrequestor has an attestationagency toagreement thewith affianta requestor’stitle authorizationinsurer todirectly, transactor businessthrough inhis thisor state.her law firm.

Affidavits5. The submittedcounty byrecorder anmust attorneyrecord authorizedsuch underaffidavit thisin section must include the affiantofficial requestor’srecords Floridabut Barmay numbernot andplace a statement that the affiantimage requestoror hascopy anof agencythe agreementaffidavit withon a titlepublicly insureravailable directlywebsite orfor throughgeneral hispublic ordisplay. her law firm.

6. The countyaffiant recorderrequestor, mustupon recordreceipt suchof affidavita inproperty theaddress officialfrom recordsthe butcounty mayrecorder notunder placethis thesection, imagemust orprovide a copy of the affidavitpreviously onsubmitted aaffidavit publiclyto availableeach websiteaffected forparty generalat publicthe display.disclosed address.

7. Upon7. A 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 redacted information to each affected party at the address listed on the document or on the request for removal made by the 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.

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