Bill Text: FL S0528 | 2024 | Regular Session | Comm Sub
Bill Title: Public Records/Title Fraud Prevention Pilot Program
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2024-03-08 - Died in Fiscal Policy [S0528 Detail]
Download: Florida-2024-S0528-Comm_Sub.html
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This subsection is subject to the Open Government 24 Sunset Review Act in accordance with s. 119.15 and shall stand 25 repealed on October 2, 2029, unless reviewed and saved from 26 repeal through reenactment by the Legislature. 27 Section 2.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.