Florida 2024 Regular Session

Florida House Bill H0285 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	~~ENROLLED~~
3		-	CS/CS/HB 285, Engrossed 1 2024 ~~Legislature~~
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	3	+	CS/CS/HB 285, Engrossed 1 2024
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10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to public records; amending s. 28.47, 2
16	16		F.S.; providing that certain information submitted to 3
17	17		the clerk of the circuit court or property appraiser 4
18	18		for the purpose of registering for a recording 5
19	19		notification service or a related service is 6
20	20		confidential and exempt from public records 7
21	21		requirements; providing an exception; providing for 8
22	22		retroactive application; providing for future 9
23	23		legislative review and repeal of the exemption; 10
24	24		providing a directive to the Division of Law Revision; 11
25	25		providing a statement of public necessity; providing 12
26	26		an effective date. 13
27	27		14
28	28		Be It Enacted by the Legislature of the State of Florida: 15
29	29		16
30	30		Section 1. Subsection (5) of sectio n 28.47, Florida 17
31	31		Statutes, is amended to read: 18
32	32		28.47 Recording notification service ; related services; 19
33	33		public records exemption .— 20
34	34		(5)(a) Nothing in This section does not may be construed 21
35	35		to require the clerk or property appraiser to provide or allow 22
36	36		access to a record or information which is confidential and 23
37	37		exempt from s. 119.07(1) and s. 24(a), Art. I of the State 24
38	38		Constitution or to otherwise violate the public records laws of 25
39		-	~~ENROLLED~~
40		-	CS/CS/HB 285, Engrossed 1 2024 ~~Legislature~~
	39	+
	40	+	CS/CS/HB 285, Engrossed 1 2024
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44	44		CODING: Words stricken are deletions; words underlined are additions.
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47	47		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
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51	51		this state. 26
52	52		(b) All electronic mail addresses, telephone numbers, 27
53	53		personal and business names, and parcel identification numbers 28
54	54		submitted to the clerk or property appraiser for the purpose of 29
55	55		registering for a recording notification service or a related 30
56	56		service pursuant to this section are confidential and exempt 31
57	57		from s. 119.07(1) and s. 24(a), Art. I of the State 32
58	58		Constitution, except upon court order. This paragraph applies to 33
59	59		information held by the clerk or property appraiser before, on, 34
60	60		or after the effective date of this act. This paragraph is 35
61	61		subject to the Open Governmen t Sunset Review Act in accordance 36
62	62		with s. 119.15 and shall stand repealed on October 2, 2029, 37
63	63		unless reviewed and saved from repeal through reenactment by the 38
64	64		Legislature. 39
65	65		Section 2. The Division of Law Revision is directed to 40
66	66		replace the phrase "the e ffective date of this act" wherever it 41
67	67		occurs in this act with the date this act becomes a law. 42
68	68		Section 3. The Legislature finds that it is a public 43
69	69		necessity that all electronic mail addresses, telephone numbers, 44
70	70		personal and business names, and parce l identification numbers 45
71	71		submitted to the clerk or property appraiser for the purpose of 46
72	72		registering for a recording notification service or a related 47
73	73		service under s. 28.47, Florida Statutes, be made confidential 48
74	74		and exempt from s. 119.07(1), Florida Stat utes, and s. 24(a), 49
75	75		Article I of the State Constitution. The recording notification 50
76		-	~~ENROLLED~~
77		-	CS/CS/HB 285, Engrossed 1 2024 ~~Legislature~~
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	77	+	CS/CS/HB 285, Engrossed 1 2024
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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
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88	88		service, created in response to a recent increase in fraudulent 51
89	89		real property conveyances, notifies a registrant by electronic 52
90	90		mail when a land record associated with the r egistrant's 53
91	91		monitored identity has been recorded in the public records of 54
92	92		the county so that the registrant may quickly identify a 55
93	93		fraudulent conveyance and take necessary action. Some clerks and 56
94	94		property appraisers have also begun offering related service s 57
95	95		for which a person may register to receive notifications of 58
96	96		potentially fraudulent real property transfers by an alternative 59
97	97		form of communication, such as by text message. The Legislature 60
98	98		finds that it is a public necessity to protect persons who 61
99	99		register for a recording notification service or a related 62
100	100		service offered pursuant to this section from becoming victims 63
101	101		of other types of fraud by virtue of their status as a person 64
102	102		whose information has been submitted for monitoring. The 65
103	103		Legislature also find s that it is a public necessity to protect 66
104	104		persons whose personal or business names or parcel 67
105	105		identification numbers are not submitted to a recording 68
106	106		notification service or a related service for monitoring from 69
107	107		becoming the target of a fraudulent real pro perty conveyance by 70
108	108		virtue of their lack of participation in any such service. Thus, 71
109	109		the Legislature finds that this act serves a compelling state 72
110	110		interest. The Legislature further finds that the harm that may 73
111	111		result from the release of the electronic mail addresses, 74
112	112		telephone numbers, personal and business names, and parcel 75
113		-	~~ENROLLED~~
114		-	CS/CS/HB 285, Engrossed 1 2024 ~~Legislature~~
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	114	+	CS/CS/HB 285, Engrossed 1 2024
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121	121		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
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125	125		identification numbers submitted to the clerk or property 76
126	126		appraiser for the purpose of registering for a recording 77
127	127		notification service or a related service pursuant to this 78
128	128		section outweighs any public benefit that may be derived from 79
129	129		the disclosure of such information. 80
130	130		Section 4. This act shall take effect upon becoming a law. 81