SB 528 — Public Records/Title Fraud Prevention Pilot Program

Florida Senate - 2024 CS for SB 528 By Senatorthe PizzoCommittee 37-01228A-24on 2024528__Judiciary; A bill to be entitled An act relating to public records;

and Senators Pizzo and Book 590-02910-24 2024528c1 A bill to be entitled An act relating to public records;

Present subsection (6) of section 696.031, Florida Statutes, as created by SB ___526 or similar legislation, 2024 Regular Session, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read:

Florida Senate - 2024 CS for SB 528 37-01228A-24590-02910-24 2024528__2024528c1 pursuant to s.

119.07(1), Florida StatutesStatutes, and s.

24(a), Art.Article I of the State Constitution.

I of the State Constitution.

696.031, Florida Statutes, are created to protectencourage realparticipation property owners from fraud in real estate transactions by informing an owneroptional thatprogram ato contractprotect forreal theproperty saleowners orfrom purchasefraud ofin his or her real estate hastransactions. been executed.

InformationThe requiredprogram touses bethe providedinformation collected to inform an owner that a contract for the propertysale appraiseror pursuantpurchase toof s.his or her real estate has been executed.

696.031,Information Floridathat Statutes, is ofprovided ato sensitive,the personal nature, and disclosure of such information about a property sellerappraiser ispursuant anto invasions. of that person’s privacy.

Making696.031, publicFlorida theStatutes, privatemay informationbe ofconsidered aby propertysome sellerparticipants couldto havebe of a chillingsensitive effectand onpersonal realnature. property sales.

The Legislature finds that the potential of such information about a property seller being made public could have a chilling effect on participation in the program and thereby negate the fraud deterrent value of the program.

The Legislature also finds that it is a public necessity to protect persons whose name is not submitted to the property appraiser pursuant to this program from becoming the target of a fraudulent real property conveyance by virtue of their lack of participation in the program.

Thus, the Legislature finds that this act serves a compelling state interest.

The Legislature further finds that the harm that may result from the exemption of the name, mailing address, e-mail address, and phone number of a seller submitted to a property appraiser outweighs any public benefit that may be derived from the disclosure of such information.

This act shall take effect on the same date that SB ___526 or other similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.