Florida Senate - 2021                       CS for CS for SB 844
       
       
        
       By the Committees on Community Affairs; and Governmental
       Oversight and Accountability; and Senator Hooper
       
       
       
       
       578-03615-21                                           2021844c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 28.222,
    3         F.S.; deleting obsolete language; amending s. 28.2221,
    4         F.S.; deleting obsolete language; prohibiting a county
    5         recorder from removing a grantor name, grantee name,
    6         or party name from the index on the publicly available
    7         website unless the information is subject to a
    8         specified public records exemption; prohibiting a
    9         county recorder from placing certain information on
   10         the publicly available website; prescribing
   11         requirements for a person claiming a public records
   12         exemption to request removal of information from a
   13         publicly available website, subject to penalty of
   14         perjury; prescribing the release of restricted
   15         information to the individual whose information was
   16         removed, subject to penalty of perjury; authorizing
   17         specified parties to access information recorded in
   18         the Official Records of a county which is otherwise
   19         exempt pursuant to a specified public records
   20         exemption, for a specific purpose, if specified
   21         conditions are met; requiring a sworn affidavit,
   22         subject to penalty of perjury; providing criminal
   23         penalties for the unlawful use of any official record;
   24         amending s. 119.071, F.S.; requiring that a request
   25         for maintenance of an exemption be notarized and
   26         confirm the individual’s status; prescribing
   27         procedures for the removal of exempt information for a
   28         county property appraiser and county tax collector;
   29         requiring the release of information restricted from
   30         public display to the individual whose information was
   31         removed; providing disclosure of exempt information
   32         under specified circumstances to specified entities;
   33         providing that the exempt status of a home address
   34         contained in the Official Records is maintained only
   35         during a certain period; requiring the employee to
   36         submit a written request to release removed
   37         information upon the conveyance of his or her dwelling
   38         location; prescribing procedures to release certain
   39         information for a decedent under specified conditions;
   40         specifying that such release is not subject to a fee;
   41         amending s. 695.22, F.S.; deleting obsolete language;
   42         requiring the daily schedule of deeds and conveyances
   43         to include notification of any information therein
   44         which is subject to a request for removal; providing
   45         an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Subsection (7) of section 28.222, Florida
   50  Statutes, is amended to read:
   51         28.222 Clerk to be county recorder.—
   52         (7) All instruments recorded in the Official Records are
   53  shall always be open to the public, under the supervision of the
   54  clerk, for the purpose of inspection thereof and of making
   55  copies extracts therefrom; but the clerk is shall not be
   56  required to perform any service in connection with such
   57  inspection or making of copies extracts without payment of
   58  service charges as provided in s. 28.24.
   59         Section 2. Subsection (2) and paragraphs (a) and (c) of
   60  subsection (5) of section 28.2221, Florida Statutes, are
   61  amended, and subsections (6) and (7) are added to that section,
   62  to read:
   63         28.2221 Electronic access to official records.—
   64         (2)(a)No later than January 1, 2002, The county recorder
   65  in each county must shall provide a current index of documents
   66  recorded in the official records of the county for the period
   67  beginning no later than January 1, 1990, on a publicly available
   68  Internet website which must shall also contain a document
   69  requisition point for obtaining images or copies of the
   70  documents reflected in the index and which has the capability of
   71  electronically providing the index data to a central statewide
   72  search site. The index must shall be limited to grantor and
   73  grantee names, party names, date, book and page number,
   74  comments, and type of record.
   75         (b)Unless otherwise required by the court, a county
   76  recorder may not remove the grantor name, grantee name, or party
   77  name from the index on the publicly available website on the
   78  basis of an exemption as defined in s. 119.011 unless the name
   79  of the grantor or grantee includes the street address portion of
   80  the home address as defined in s. 119.071(4)(d). Home addresses,
   81  as defined in s. 119.071(4)(d), which are exempt from inspection
   82  or copying under s. 119.071 may not be included within the index
   83  or otherwise displayed on the county recorder’s publicly
   84  available website on which images or copies of the county’s
   85  official records are placed.
   86         (5)(a) A No county recorder or clerk of the court may not
   87  place on a publicly available website for general public display
   88  information made exempt from inspection or copying under s.
   89  119.071, or any an image or copy of a public record, including
   90  an official record, on a publicly available Internet website for
   91  general public display if that image or copy is of a military
   92  discharge; death certificate; or a court file, record, or paper
   93  relating to matters or cases governed by the Florida Rules of
   94  Family Law, the Florida Rules of Juvenile Procedure, or the
   95  Florida Probate Rules.
   96         (c) No later than 30 days after June 5, 2002, Notice of the
   97  right of any affected party to request removal of information or
   98  records pursuant to this subsection must shall be conspicuously
   99  and clearly displayed by the county recorder or clerk of the
  100  court on the publicly available Internet website on which images
  101  or copies of the county’s public records are placed and in the
  102  office of each county recorder or clerk of the court. In
  103  addition, no later than 30 days after June 5, 2002, the county
  104  recorder or the clerk of the court must have published, on two
  105  separate dates, a notice of such right in a newspaper of general
  106  circulation in the county where the county recorder’s office is
  107  located as provided for in chapter 50. Such notice must contain
  108  appropriate instructions for making the removal request in
  109  person, by mail, by facsimile, or by electronic transmission.
  110  The notice must shall state, in substantially similar form, that
  111  any person has a right to request that a county recorder or
  112  clerk of the court remove from a publicly available website
  113  information made exempt from inspection or copying under s.
  114  119.071 or an image or copy of a public record, including an
  115  official record, from a publicly available Internet website if
  116  that image or copy is of a military discharge; death
  117  certificate; or a court file, record, or paper relating to
  118  matters or cases governed by the Florida Rules of Family Law,
  119  the Florida Rules of Juvenile Procedure, or the Florida Probate
  120  Rules. Such request must be made in writing and delivered in
  121  person, by mail, facsimile, or by electronic transmission, or in
  122  person to the county recorder or clerk of the court. The request
  123  must identify the Official Records book and page number,
  124  instrument number, or clerk’s file number for any document
  125  identification page number of the information or document to be
  126  removed. For requests for removal from a person claiming a
  127  public records exemption pursuant to s. 119.071, the request
  128  must be written, be notarized, and state under oath the
  129  statutory basis for removal of the information, image, or copy
  130  that is restricted from general public display, and confirm the
  131  individual’s eligibility for exempt status. A party making a
  132  false attestation is subject to the penalty of perjury under s.
  133  837.012. A No fee may not will be charged for the removal of a
  134  document pursuant to such request.
  135         (6)(a)Any information restricted from public display,
  136  inspection, or copying under paragraph (5)(a) pursuant to a
  137  request for removal made under s. 119.071 must be provided at
  138  any time to the individual whose information was removed. The
  139  written request for the restricted information must be by sworn
  140  affidavit consistent with s. 92.50 and must include the Official
  141  Records book and page number, instrument number, or clerk’s file
  142  number for any information or document to be released. Any party
  143  making a false attestation is subject to the penalty of perjury
  144  under s. 837.012. A fee may not be charged for the production of
  145  any document pursuant to such request.
  146         (b)1.For the purpose of conducting a title search as
  147  defined by s. 627.7711 and upon presentation of photo
  148  identification and affirmation by sworn affidavit consistent
  149  with s. 92.50 to the county recorder, information restricted
  150  from public display, inspection, or copying under paragraph
  151  (5)(a) pursuant to a request for removal made under s. 119.071
  152  may be disclosed to:
  153         a.A title insurer authorized pursuant to s. 624.401 and
  154  its affiliates as defined in s. 624.10;
  155         b.A title insurance agent or title insurance agency as
  156  defined in s. 626.841(1) and (2), respectively; or
  157         c.An attorney duly admitted to practice law in this state
  158  and in good standing with The Florida Bar.
  159         2.The photo identification and affirmation by sworn
  160  affidavit may be delivered in person, by mail, or by electronic
  161  transmission to the county recorder.
  162         3.The affiant requestor must attest to his or her
  163  authority and the authorized purpose to access exempt
  164  information pursuant to this section for the property specified
  165  within the sworn affidavit.
  166         4.The affiant requestor must identify the Official Records
  167  book and page number, instrument number, or clerk’s file number
  168  for each document requested within the sworn affidavit.
  169         5.Affidavits submitted by a title insurer, title insurance
  170  agent, or title insurance agency must include the Florida
  171  Company Code or the license number, as applicable, and an
  172  attestation to the affiant requestor’s authorization to transact
  173  business in this state. Affidavits submitted by an attorney
  174  authorized under this section must include the affiant
  175  requestor’s Florida Bar number and a statement that the affiant
  176  requestor has an agency agreement with a title insurer directly
  177  or through his or her law firm.
  178         6.The county recorder must record such affidavit in the
  179  official records but may not place the image or copy of the
  180  affidavit on a publicly available website for general public
  181  display.
  182         7.Upon providing a document disclosing redacted
  183  information to an affiant requestor under this section, the
  184  county recorder must provide a copy of the affidavit requesting
  185  disclosure of the redacted information to each affected party at
  186  the address listed on the document or on the request for removal
  187  made by the affected party under s. 119.071. The county recorder
  188  must prepare a certificate of mailing to be affixed to the
  189  affidavit and must receive the statutory service charges as
  190  prescribed by s. 28.24 from the affiant requestor.
  191         8.Any party making a false attestation under this section
  192  is subject to the penalty of perjury under s. 837.012.
  193         (7)A person who uses any official record in a manner not
  194  authorized in this section commits a misdemeanor of the second
  195  degree, punishable as provided in s. 775.082 or s. 775.083. A
  196  person who unlawfully uses any official record with intent to
  197  cause bodily harm or with intent to threaten to cause bodily
  198  harm commits a felony of the third degree, punishable as
  199  provided in s. 775.082, s. 775.083, or s. 775.084.
  200         Section 3. Paragraph (d) of subsection (4) of section
  201  119.071, Florida Statutes, is amended to read:
  202         119.071 General exemptions from inspection or copying of
  203  public records.—
  204         (4) AGENCY PERSONNEL INFORMATION.—
  205         (d)1. For purposes of this paragraph, the term:
  206         a. “Home addresses” means the dwelling location at which an
  207  individual resides and includes the physical address, mailing
  208  address, street address, parcel identification number, plot
  209  identification number, legal property description, neighborhood
  210  name and lot number, GPS coordinates, and any other descriptive
  211  property information that may reveal the home address.
  212         b. “Telephone numbers” includes home telephone numbers,
  213  personal cellular telephone numbers, personal pager telephone
  214  numbers, and telephone numbers associated with personal
  215  communications devices.
  216         2.a. The home addresses, telephone numbers, dates of birth,
  217  and photographs of active or former sworn law enforcement
  218  personnel or of active or former civilian personnel employed by
  219  a law enforcement agency, including correctional and
  220  correctional probation officers, personnel of the Department of
  221  Children and Families whose duties include the investigation of
  222  abuse, neglect, exploitation, fraud, theft, or other criminal
  223  activities, personnel of the Department of Health whose duties
  224  are to support the investigation of child abuse or neglect, and
  225  personnel of the Department of Revenue or local governments
  226  whose responsibilities include revenue collection and
  227  enforcement or child support enforcement; the names, home
  228  addresses, telephone numbers, photographs, dates of birth, and
  229  places of employment of the spouses and children of such
  230  personnel; and the names and locations of schools and day care
  231  facilities attended by the children of such personnel are exempt
  232  from s. 119.07(1) and s. 24(a), Art. I of the State
  233  Constitution.
  234         b. The home addresses, telephone numbers, dates of birth,
  235  and photographs of current or former nonsworn investigative
  236  personnel of the Department of Financial Services whose duties
  237  include the investigation of fraud, theft, workers’ compensation
  238  coverage requirements and compliance, other related criminal
  239  activities, or state regulatory requirement violations; the
  240  names, home addresses, telephone numbers, dates of birth, and
  241  places of employment of the spouses and children of such
  242  personnel; and the names and locations of schools and day care
  243  facilities attended by the children of such personnel are exempt
  244  from s. 119.07(1) and s. 24(a), Art. I of the State
  245  Constitution.
  246         c. The home addresses, telephone numbers, dates of birth,
  247  and photographs of current or former nonsworn investigative
  248  personnel of the Office of Financial Regulation’s Bureau of
  249  Financial Investigations whose duties include the investigation
  250  of fraud, theft, other related criminal activities, or state
  251  regulatory requirement violations; the names, home addresses,
  252  telephone numbers, dates of birth, and places of employment of
  253  the spouses and children of such personnel; and the names and
  254  locations of schools and day care facilities attended by the
  255  children of such personnel are exempt from s. 119.07(1) and s.
  256  24(a), Art. I of the State Constitution.
  257         d. The home addresses, telephone numbers, dates of birth,
  258  and photographs of current or former firefighters certified in
  259  compliance with s. 633.408; the names, home addresses, telephone
  260  numbers, photographs, dates of birth, and places of employment
  261  of the spouses and children of such firefighters; and the names
  262  and locations of schools and day care facilities attended by the
  263  children of such firefighters are exempt from s. 119.07(1) and
  264  s. 24(a), Art. I of the State Constitution.
  265         e. The home addresses, dates of birth, and telephone
  266  numbers of current or former justices of the Supreme Court,
  267  district court of appeal judges, circuit court judges, and
  268  county court judges; the names, home addresses, telephone
  269  numbers, dates of birth, and places of employment of the spouses
  270  and children of current or former justices and judges; and the
  271  names and locations of schools and day care facilities attended
  272  by the children of current or former justices and judges are
  273  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  274  Constitution.
  275         f. The home addresses, telephone numbers, dates of birth,
  276  and photographs of current or former state attorneys, assistant
  277  state attorneys, statewide prosecutors, or assistant statewide
  278  prosecutors; the names, home addresses, telephone numbers,
  279  photographs, dates of birth, and places of employment of the
  280  spouses and children of current or former state attorneys,
  281  assistant state attorneys, statewide prosecutors, or assistant
  282  statewide prosecutors; and the names and locations of schools
  283  and day care facilities attended by the children of current or
  284  former state attorneys, assistant state attorneys, statewide
  285  prosecutors, or assistant statewide prosecutors are exempt from
  286  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  287         g. The home addresses, dates of birth, and telephone
  288  numbers of general magistrates, special magistrates, judges of
  289  compensation claims, administrative law judges of the Division
  290  of Administrative Hearings, and child support enforcement
  291  hearing officers; the names, home addresses, telephone numbers,
  292  dates of birth, and places of employment of the spouses and
  293  children of general magistrates, special magistrates, judges of
  294  compensation claims, administrative law judges of the Division
  295  of Administrative Hearings, and child support enforcement
  296  hearing officers; and the names and locations of schools and day
  297  care facilities attended by the children of general magistrates,
  298  special magistrates, judges of compensation claims,
  299  administrative law judges of the Division of Administrative
  300  Hearings, and child support enforcement hearing officers are
  301  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  302  Constitution.
  303         h. The home addresses, telephone numbers, dates of birth,
  304  and photographs of current or former human resource, labor
  305  relations, or employee relations directors, assistant directors,
  306  managers, or assistant managers of any local government agency
  307  or water management district whose duties include hiring and
  308  firing employees, labor contract negotiation, administration, or
  309  other personnel-related duties; the names, home addresses,
  310  telephone numbers, dates of birth, and places of employment of
  311  the spouses and children of such personnel; and the names and
  312  locations of schools and day care facilities attended by the
  313  children of such personnel are exempt from s. 119.07(1) and s.
  314  24(a), Art. I of the State Constitution.
  315         i. The home addresses, telephone numbers, dates of birth,
  316  and photographs of current or former code enforcement officers;
  317  the names, home addresses, telephone numbers, dates of birth,
  318  and places of employment of the spouses and children of such
  319  personnel; and the names and locations of schools and day care
  320  facilities attended by the children of such personnel are exempt
  321  from s. 119.07(1) and s. 24(a), Art. I of the State
  322  Constitution.
  323         j. The home addresses, telephone numbers, places of
  324  employment, dates of birth, and photographs of current or former
  325  guardians ad litem, as defined in s. 39.820; the names, home
  326  addresses, telephone numbers, dates of birth, and places of
  327  employment of the spouses and children of such persons; and the
  328  names and locations of schools and day care facilities attended
  329  by the children of such persons are exempt from s. 119.07(1) and
  330  s. 24(a), Art. I of the State Constitution.
  331         k. The home addresses, telephone numbers, dates of birth,
  332  and photographs of current or former juvenile probation
  333  officers, juvenile probation supervisors, detention
  334  superintendents, assistant detention superintendents, juvenile
  335  justice detention officers I and II, juvenile justice detention
  336  officer supervisors, juvenile justice residential officers,
  337  juvenile justice residential officer supervisors I and II,
  338  juvenile justice counselors, juvenile justice counselor
  339  supervisors, human services counselor administrators, senior
  340  human services counselor administrators, rehabilitation
  341  therapists, and social services counselors of the Department of
  342  Juvenile Justice; the names, home addresses, telephone numbers,
  343  dates of birth, and places of employment of spouses and children
  344  of such personnel; and the names and locations of schools and
  345  day care facilities attended by the children of such personnel
  346  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  347  Constitution.
  348         l. The home addresses, telephone numbers, dates of birth,
  349  and photographs of current or former public defenders, assistant
  350  public defenders, criminal conflict and civil regional counsel,
  351  and assistant criminal conflict and civil regional counsel; the
  352  names, home addresses, telephone numbers, dates of birth, and
  353  places of employment of the spouses and children of current or
  354  former public defenders, assistant public defenders, criminal
  355  conflict and civil regional counsel, and assistant criminal
  356  conflict and civil regional counsel; and the names and locations
  357  of schools and day care facilities attended by the children of
  358  current or former public defenders, assistant public defenders,
  359  criminal conflict and civil regional counsel, and assistant
  360  criminal conflict and civil regional counsel are exempt from s.
  361  119.07(1) and s. 24(a), Art. I of the State Constitution.
  362         m. The home addresses, telephone numbers, dates of birth,
  363  and photographs of current or former investigators or inspectors
  364  of the Department of Business and Professional Regulation; the
  365  names, home addresses, telephone numbers, dates of birth, and
  366  places of employment of the spouses and children of such current
  367  or former investigators and inspectors; and the names and
  368  locations of schools and day care facilities attended by the
  369  children of such current or former investigators and inspectors
  370  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  371  Constitution.
  372         n. The home addresses, telephone numbers, and dates of
  373  birth of county tax collectors; the names, home addresses,
  374  telephone numbers, dates of birth, and places of employment of
  375  the spouses and children of such tax collectors; and the names
  376  and locations of schools and day care facilities attended by the
  377  children of such tax collectors are exempt from s. 119.07(1) and
  378  s. 24(a), Art. I of the State Constitution.
  379         o. The home addresses, telephone numbers, dates of birth,
  380  and photographs of current or former personnel of the Department
  381  of Health whose duties include, or result in, the determination
  382  or adjudication of eligibility for social security disability
  383  benefits, the investigation or prosecution of complaints filed
  384  against health care practitioners, or the inspection of health
  385  care practitioners or health care facilities licensed by the
  386  Department of Health; the names, home addresses, telephone
  387  numbers, dates of birth, and places of employment of the spouses
  388  and children of such personnel; and the names and locations of
  389  schools and day care facilities attended by the children of such
  390  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  391  the State Constitution.
  392         p. The home addresses, telephone numbers, dates of birth,
  393  and photographs of current or former impaired practitioner
  394  consultants who are retained by an agency or current or former
  395  employees of an impaired practitioner consultant whose duties
  396  result in a determination of a person’s skill and safety to
  397  practice a licensed profession; the names, home addresses,
  398  telephone numbers, dates of birth, and places of employment of
  399  the spouses and children of such consultants or their employees;
  400  and the names and locations of schools and day care facilities
  401  attended by the children of such consultants or employees are
  402  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  403  Constitution.
  404         q. The home addresses, telephone numbers, dates of birth,
  405  and photographs of current or former emergency medical
  406  technicians or paramedics certified under chapter 401; the
  407  names, home addresses, telephone numbers, dates of birth, and
  408  places of employment of the spouses and children of such
  409  emergency medical technicians or paramedics; and the names and
  410  locations of schools and day care facilities attended by the
  411  children of such emergency medical technicians or paramedics are
  412  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  413  Constitution.
  414         r. The home addresses, telephone numbers, dates of birth,
  415  and photographs of current or former personnel employed in an
  416  agency’s office of inspector general or internal audit
  417  department whose duties include auditing or investigating waste,
  418  fraud, abuse, theft, exploitation, or other activities that
  419  could lead to criminal prosecution or administrative discipline;
  420  the names, home addresses, telephone numbers, dates of birth,
  421  and places of employment of spouses and children of such
  422  personnel; and the names and locations of schools and day care
  423  facilities attended by the children of such personnel are exempt
  424  from s. 119.07(1) and s. 24(a), Art. I of the State
  425  Constitution.
  426         s. The home addresses, telephone numbers, dates of birth,
  427  and photographs of current or former directors, managers,
  428  supervisors, nurses, and clinical employees of an addiction
  429  treatment facility; the home addresses, telephone numbers,
  430  photographs, dates of birth, and places of employment of the
  431  spouses and children of such personnel; and the names and
  432  locations of schools and day care facilities attended by the
  433  children of such personnel are exempt from s. 119.07(1) and s.
  434  24(a), Art. I of the State Constitution. For purposes of this
  435  sub-subparagraph, the term “addiction treatment facility” means
  436  a county government, or agency thereof, that is licensed
  437  pursuant to s. 397.401 and provides substance abuse prevention,
  438  intervention, or clinical treatment, including any licensed
  439  service component described in s. 397.311(26).
  440         t. The home addresses, telephone numbers, dates of birth,
  441  and photographs of current or former directors, managers,
  442  supervisors, and clinical employees of a child advocacy center
  443  that meets the standards of s. 39.3035(1) and fulfills the
  444  screening requirement of s. 39.3035(2), and the members of a
  445  Child Protection Team as described in s. 39.303 whose duties
  446  include supporting the investigation of child abuse or sexual
  447  abuse, child abandonment, child neglect, and child exploitation
  448  or to provide services as part of a multidisciplinary case
  449  review team; the names, home addresses, telephone numbers,
  450  photographs, dates of birth, and places of employment of the
  451  spouses and children of such personnel and members; and the
  452  names and locations of schools and day care facilities attended
  453  by the children of such personnel and members are exempt from s.
  454  119.07(1) and s. 24(a), Art. I of the State Constitution.
  455         3. An agency that is the custodian of the information
  456  specified in subparagraph 2. and that is not the employer of the
  457  officer, employee, justice, judge, or other person specified in
  458  subparagraph 2. must shall maintain the exempt status of that
  459  information only if the officer, employee, justice, judge, other
  460  person, or employing agency of the designated employee submits a
  461  written and notarized request for maintenance of the exemption
  462  to the custodial agency. The request must state under oath the
  463  statutory basis for the individual’s exemption request and
  464  confirm the individual’s status as a party eligible for exempt
  465  status.
  466         4.a.A county property appraiser as defined in s.
  467  192.001(3) or a county tax collector as defined in s. 192.001(4)
  468  who receives a written and notarized request for maintenance of
  469  the exemption pursuant to subparagraph 3. must comply by
  470  removing the name of the individual with exempt status and the
  471  instrument number or Official Records book and page number
  472  identifying the property with the exempt status from all
  473  publicly available records maintained by the property appraiser
  474  or tax collector. For written requests received on or before
  475  July 1, 2021, a county property appraiser or county tax
  476  collector must comply with this section by October 1, 2021. A
  477  county property appraiser or county tax collector may not remove
  478  the street address, legal description, or other information
  479  identifying real property within the agency’s records so long as
  480  a name or personal information otherwise exempt from inspection
  481  and copying pursuant to this section are not associated with the
  482  property or otherwise displayed in the public records of the
  483  agency.
  484         b.Any information restricted from public display,
  485  inspection, or copying under sub-subparagraph a. must be
  486  provided to the individual whose information was removed.
  487         5.4. An officer, an employee, a justice, a judge, or other
  488  person specified in subparagraph 2. may submit a written request
  489  for the release of his or her exempt information to the
  490  custodial agency. The written request must be notarized and must
  491  specify the information to be released and the party that is
  492  authorized to receive the information. Upon receipt of the
  493  written request, the custodial agency must shall release the
  494  specified information to the party authorized to receive such
  495  information.
  496         6.5. The exemptions in this paragraph apply to information
  497  held by an agency before, on, or after the effective date of the
  498  exemption.
  499         7.6.Information made exempt under this paragraph may be
  500  disclosed pursuant to s. 28.2221 to a title insurer authorized
  501  pursuant to s. 624.401 and its affiliates as defined in s.
  502  624.10; a title insurance agent or title insurance agency as
  503  defined in s. 626.841(1) or (2), respectively; or an attorney
  504  duly admitted to practice law in this state and in good standing
  505  with The Florida Bar.
  506         8.The exempt status of a home address contained in the
  507  Official Records is maintained only during the period when the
  508  protected party resides at the dwelling location. Upon
  509  conveyance of the real property after October 1, 2021, and when
  510  such real property no longer constitutes the protected party’s
  511  home address as defined in subparagraph 1.a., the protected
  512  party must submit a written request to release the removed
  513  information to the county recorder. The written request to
  514  release the removed information must be notarized, must confirm
  515  that the protected party’s request for release is pursuant to a
  516  conveyance of his or her dwelling location, and must specify the
  517  Official Records book and page, instrument number, or clerk’s
  518  file number for each document containing the information to be
  519  released.
  520         9.Upon the death of the protected party as verified by a
  521  certified copy of a death certificate or court order, any party
  522  can request the county recorder to release the protected
  523  decedent’s removed information unless there is a related request
  524  on file with the county recorder for continued removal of the
  525  decedent’s information or unless such removal is otherwise
  526  prohibited by statute or by court order. The written request to
  527  release the removed information upon the death of a protected
  528  party must attach the certified copy of a death certificate or
  529  court order and must be notarized, must confirm the request for
  530  release is due to the death of the protected party, and must
  531  specify the Official Records book and page number, instrument
  532  number, or clerk’s file number for each document containing the
  533  information to be released. A fee may not be charged for the
  534  release of any document pursuant to such request.
  535         10. This paragraph is subject to the Open Government Sunset
  536  Review Act in accordance with s. 119.15 and shall stand repealed
  537  on October 2, 2024, unless reviewed and saved from repeal
  538  through reenactment by the Legislature.
  539         Section 4. Section 695.22, Florida Statutes, is amended to
  540  read:
  541         695.22 Daily schedule of deeds and conveyances filed for
  542  record to be furnished property appraiser.—After October 1,
  543  1945, the several county recorders must clerks of the circuit
  544  courts shall keep and furnish to the respective county property
  545  appraisers in the counties where such instruments are recorded a
  546  daily schedule of the aforesaid deeds and conveyances so filed
  547  for recordation, in which schedule must shall be set forth the
  548  name of the grantor or grantors, the names and addresses of each
  549  grantee, and a description of the land as specified in each
  550  instrument so filed. The daily schedule must include
  551  notification of any information therein which is subject to a
  552  request for removal on file with the county recorder.
  553         Section 5. This act shall take effect July 1, 2021.