HB 1229 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1229-00
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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
A bill to be entitled 1
An act relating to public records; creating s. 2
622.1465, F.S.; making the identities of specified 3
individuals and documents in certain trust proceedings 4
confidential and exempt; requiring the court to seal 5
any documents filed with the court in such 6
proceedings; prohibiting the court from releasing to 7
the public any of the sealed documents or information 8
contained therein; requiring the court to release suc h 9
documents and information to specified individuals; 10
providing a statement of public necessity; providing 11
an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 662.1465, Florida Statutes, is created 16
to read: 17
662.1465 Confidentiality of certain trust proceedings and 18
other filings.—In trust proceedings in which a family trust 19
company, licensed family trust company, or foreign licensed 20
family trust company is a party, the identities of those who 21
establish, administer, or benefit from a trust and any 22
information relating to the trust are confidential and exempt 23
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 24
and must be protected in any court proceeding or filing related 25
HB 1229 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1229-00
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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
to the trust. The co urt shall seal any document filed with the 26
court in the trust proceeding, including, but not limited to, 27
the instrument on which the trust is based; any petitions, 28
briefs, or inventories; any statement or report filed by a 29
fiduciary; any court orders; and any other document in the court 30
case file. The court may not release to the public any of the 31
sealed documents or information contained therein, but shall 32
make them available to the following individuals: 33
(1) The settlor. 34
(2) Any fiduciary for the trus t. 35
(3) Any beneficiary of the trust. 36
(4) An attorney for a settlor, fiduciary, or beneficiary 37
of the trust. 38
(5) Any other person if, upon a showing of a specific 39
interest in the trust, a transaction relating to the trust, or 40
an asset held or previous ly held by the trust, the court 41
determines there is a compelling need for releasing the 42
information requested. 43
Section 2. Consistent with the broad public records 44
exemptions already granted to a family trust company, licensed 45
family trust company, or f oreign licensed family trust company 46
under s. 662.148, Florida Statutes, the Legislature finds that 47
it is a public necessity that trust proceedings involving such a 48
company be made confidential and exempt from s. 119.07(1), 49
Florida Statutes, and s. 24(a), Article I of the State 50
HB 1229 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1229-00
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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
Constitution. Public disclosure in trust proceedings of 51
information relating to the customers, family members, members, 52
stockholders of a family trust company, licensed family trust 53
company, or foreign licensed family trust company w ould vitiate 54
other protections granted by law to such companies and their 55
constituents. In addition, trust proceedings often involve large 56
sums of money or vulnerable people who could be targeted for 57
exploitation or abuse. Public disclosure of sensitive fa mily and 58
financial information in trust proceedings can result in 59
specific harm to beneficiaries and other interested parties in 60
such cases. Therefore, in the limited circumstance of trust 61
proceedings involving a family trust company, licensed family 62
trust company, or foreign licensed family trust company, the 63
Legislature finds that the need to protect the confidentiality 64
of such companies and their constituents and protect the 65
identities of beneficiaries of trusts and sensitive financial 66
information contained in such proceedings is sufficiently 67
compelling to override the state's public policy of open 68
government and that the protection of such information cannot be 69
accomplished without this exemption. 70
Section 3. This act shall take effect on the same date 71
that HB 1001, or similar legislation takes effect , if such 72
legislation is adopted in the same legislative session or an 73
extension thereof and becomes a law. 74