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with s. 119.15 and shall stand repealed on October 2, 2029, 37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