Florida Senate - 2024                              CS for SB 528
       
       
        
       By the Committee on Judiciary; and Senators Pizzo and Book
       
       
       
       
       
       590-02910-24                                           2024528c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         696.031, F.S.; providing an exemption from public
    4         records requirements for certain information provided
    5         to a property appraiser as part of a title fraud
    6         prevention pilot program; providing for future
    7         legislative review and repeal; providing a statement
    8         of public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsection (6) of section 696.031,
   14  Florida Statutes, as created by SB 526 or similar legislation,
   15  2024 Regular Session, is redesignated as subsection (7), and a
   16  new subsection (6) is added to that section, to read:
   17         696.031 Title fraud prevention through sales contract
   18  notification services; pilot program.—
   19         (6)(a) The name, mailing address, e-mail address, and phone
   20  number of a seller submitted to a property appraiser pursuant to
   21  this section are confidential and exempt from s. 119.07(1) and
   22  s. 24(a), Art. I of the State Constitution.
   23         (b) This subsection is subject to the Open Government
   24  Sunset Review Act in accordance with s. 119.15 and shall stand
   25  repealed on October 2, 2029, unless reviewed and saved from
   26  repeal through reenactment by the Legislature.
   27         Section 2. The Legislature finds that it is a public
   28  necessity that the name, mailing address, e-mail address, and
   29  phone number of a seller submitted to a property appraiser
   30  pursuant to s. 696.031, Florida Statutes, be made confidential
   31  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   32  Article I of the State Constitution. The provisions of s.
   33  696.031, Florida Statutes, are created to encourage
   34  participation in an optional program to protect real property
   35  owners from fraud in real estate transactions. The program uses
   36  the information collected to inform an owner that a contract for
   37  the sale or purchase of his or her real estate has been
   38  executed. Information that is provided to the property appraiser
   39  pursuant to s. 696.031, Florida Statutes, may be considered by
   40  some participants to be of a sensitive and personal nature. The
   41  Legislature finds that the potential of such information about a
   42  property seller being made public could have a chilling effect
   43  on participation in the program and thereby negate the fraud
   44  deterrent value of the program. The Legislature also finds that
   45  it is a public necessity to protect persons whose name is not
   46  submitted to the property appraiser pursuant to this program
   47  from becoming the target of a fraudulent real property
   48  conveyance by virtue of their lack of participation in the
   49  program. Thus, the Legislature finds that this act serves a
   50  compelling state interest. The Legislature further finds that
   51  the harm that may result from the exemption of the name, mailing
   52  address, e-mail address, and phone number of a seller submitted
   53  to a property appraiser outweighs any public benefit that may be
   54  derived from the disclosure of such information.
   55         Section 3. This act shall take effect on the same date that
   56  SB 526 or other similar legislation takes effect, if such
   57  legislation is adopted in the same legislative session or an
   58  extension thereof and becomes a law.