CS/CS/HB 1363 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1363-02-c2
Page 1 of 3
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
662.1465, F.S.; making the official records of certain 3
proceedings when a family trust company, licensed 4
family trust company, or foreign licensed family trust 5
company is a party confidential and exempt from public 6
record requirements; providing exceptions; providing a 7
statement of public necessity; providing an effective 8
date. 9
10
Be It Enacted by the Legislatur e of the State of Florida: 11
12
Section 1. Section 662.1465, Florida Statutes, is created 13
to read: 14
662.1465 Confidentiality of family trust company 15
proceedings and other filings. — 16
(1) In proceedings under chapter 736 or chapter 738, in 17
which a family trust company, licensed family trust company, or 18
foreign licensed family trust company is a party, upon written 19
notice from any party to the clerk that this section is 20
applicable, the clerk shall keep all official records of that 21
case separate from other re cords of the court and not open to 22
inspection by the public. Official records of that case are 23
confidential and exempt from s. 119.07 and s. 24(a), Art. I of 24
the State Constitution and must be protected. For the purposes 25
CS/CS/HB 1363 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1363-02-c2
Page 2 of 3
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
of this section, "official records" means the docket and all 26
filings and other records of the case. 27
(2) Notwithstanding subsection (1), official records may 28
be inspected upon order of the court by persons deemed by the 29
court to have a specific interest in the trust, a transaction 30
relating to the trust, or an asset held or previously held by 31
the trust and where the court determines there is a compelling 32
need for releasing the information requested. In granting a 33
right to any person to inspect official records, the court may 34
limit access to such information as the court deems necessary to 35
protect such person's interest and may place any reasonable 36
restriction on further distribution of such information by such 37
person. 38
(3) Notwithstanding subsection (1), the clerk shall make 39
official records available to the following individuals: 40
(a) The settlor. 41
(b) Any fiduciary for the trust, including a trustee or 42
trust director. 43
(c) Any beneficiary of the trust. 44
(d) An attorney for the settlor, a fiduciary, or a 45
beneficiary of the trust. 46
Section 2. The Legislature finds that it is a public 47
necessity that the official records of proceedings under chapter 48
736 or chapter 738 involving family trust companies, licensed 49
family trust companies, or foreign licensed family trust 50
CS/CS/HB 1363 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1363-02-c2
Page 3 of 3
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
companies be made conf idential and exempt from s. 119.07 and s. 51
24(a), Article I of the State Constitution. Public disclosure of 52
the official records of such proceedings, which include 53
information relating to the clients, family members, members, or 54
stockholders of a family tru st company, licensed family trust 55
company, or foreign licensed family trust company would vitiate 56
other protections granted by law to such companies and their 57
constituents. In addition, proceedings under chapter 736 or 58
chapter 738 often involve large sums of money or vulnerable 59
people who could be targeted for exploitation or abuse. Public 60
disclosure of sensitive family and financial information 61
contained in the official records of such proceedings can result 62
in specific harm to beneficiaries and other inte rested parties 63
in these cases. Therefore, the Legislature finds that the need 64
to protect the identities of beneficiaries of trusts for which a 65
family trust company, licensed family trust company, or foreign 66
licensed family trust company is a trustee and th e sensitive 67
financial information contained in the official records of such 68
proceedings is sufficiently compelling to override the state's 69
public policy of open government and that the protection of such 70
information cannot be accomplished without this exem ption. 71
Section 3. This act shall take effect July 1, 2022. 72