CS/HB 285 2024
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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; amending s. 28.47, 2
F.S.; providing that certain information submitted to 3
the clerk or property appraiser by a person who 4
registers for a recording notification service or a 5
related service is confidential and exempt from public 6
records requirements; providing an exception; 7
providing applicability; providing for future 8
legislative review and repeal of the exemption; 9
providing a directive to the Division of Law Revision; 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. Subsection (5) of section 28.47, Florida 16
Statutes, is amended to read: 17
28.47 Recording notification service ; related services; 18
public records exemption .— 19
(5)(a) Nothing in This section does not may be construed 20
to require the clerk or property appraiser to provide or allow 21
access to a record or information whi ch is confidential and 22
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 23
Constitution or to otherwise violate the public records laws of 24
this state. 25
CS/HB 285 2024
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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
(b) All electronic mail addresses, telephone numbers, 26
personal and business names, and parcel id entification numbers 27
submitted to the clerk or property appraiser by a person who 28
registers for a recording notification service pursuant to this 29
section, or a related service offered by the clerk or property 30
appraiser designed to notify the person who reg isters of a real 31
property transfer, are confidential and exempt from s. 119.07(1) 32
and s. 24(a), Art. I of the State Constitution, except upon 33
court order. This paragraph applies to information held by the 34
clerk or property appraiser before, on, or after th e effective 35
date of this act. This paragraph is subject to the Open 36
Government Sunset Review Act in accordance with s. 119.15 and 37
shall stand repealed on October 2, 2029, unless reviewed and 38
saved from repeal through reenactment by the Legislature. 39
Section 2. The Division of Law Revision is directed to 40
replace the phrase "the effective date of this act" wherever it 41
occurs in this act with the date this act becomes a law. 42
Section 3. The Legislature finds that it is a public 43
necessity that all electro nic mail addresses, telephone numbers, 44
personal and business names, and parcel identification numbers 45
submitted to the clerk or property appraiser by a person who 46
registers for a recording notification service under s. 28.47, 47
Florida Statutes, or a related service offered by the clerk or 48
property appraiser designed to notify the person who registers 49
of a real property transfer, be made exempt from s. 119.07, 50
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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
Florida Statutes, and s. 24(a), Article I of the State 51
Constitution. The recording notification serv ice, created in 52
response to a recent increase in fraudulent real property 53
conveyances, notifies a registrant by electronic mail when a 54
land record associated with the registrant's monitored identity 55
has been recorded in the public records of the county so that 56
the registrant may quickly identify a fraudulent conveyance and 57
take necessary action. Some clerks and property appraisers have 58
also begun offering related services for which a person may 59
register to receive notifications of potentially fraudulent rea l 60
property transfers by an alternative form of communication, such 61
as by text message. The Legislature finds that it is a public 62
necessity to protect persons who register for a recording 63
notification service or a related service offered by the clerk 64
or property appraiser to receive notifications of real property 65
transfers, and persons whose personal or business names or 66
parcel identification numbers are submitted for monitoring by 67
such persons, from becoming victims of other types of fraud by 68
virtue of their registration or status as a person whose 69
information has been submitted for monitoring. The Legislature 70
also finds that it is a public necessity to protect persons 71
whose personal or business names or parcel identification 72
numbers are not submitted to a r ecording notification service or 73
a related service for monitoring from becoming the target of a 74
fraudulent real property conveyance by virtue of their lack of 75
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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
participation in any such service. Thus, the Legislature finds 76
that this act serves a compelling state interest. The 77
Legislature further finds that the harm that may result from the 78
release of the electronic mail addresses, telephone numbers, 79
personal and business names, and parcel identification numbers 80
submitted to the clerk or property appraiser by a person who 81
registers for a recording notification service or a related 82
service to receive notifications of real property transfers 83
outweighs any public benefit that may be derived from the 84
disclosure of such information. 85
Section 4. This act shall ta ke effect upon becoming a law. 86