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04-07-09 Item 11CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: The Honorable Mayor and City Commission Date: April 7, 2009 From: Eve A. Boutsis, Office of City Attorney Re: State House Bill 221 REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FORECLOSURE PROPERTIES AND REGISTRATION BY THE FINANCE INSTITUTIONS; SUPPORT FOR PROPOSED FLORIDA HOUSE BILL 221 RELATING TO PUBLIC RECORDS AND STATEWIDE INTERNET REGISTRY OF VACANT, ABANDONED, OR FORECLOSURE- PROPOSED REAL PROPERTIES; AND SUPPORT FOR LINKED HOUSE BILL 119, SENATE BILL 874 REAL PROPERTY REGISTRATION; WHICH IS IDENTICAL TO SENATE BILL 1044 RELATING TO PUBLIC RECORDS AND VACANT OR ABANDONED REAL PROPERTY REGULATIONS; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: According to the Sunday New York Times article dated February 8, 2009, the state of Florida is projected to lose about $100 billion in property value due to the foreclosure crisis. In response to the foreclosure and banking crisis, Florida State Representative Ari Porth has sponsored state legislation under House Bill 221, that would require state registration by finance institutions of foreclosed properties. The linked companion bill is also found at House Bill 119. The City and other Florida communities have been faced with increased foreclosures of residents thus creating serious deterioration of the properties in question and community at large. The City in an effort to address the deterioration of properties enacted certain ordinance relating to immediate notice and clean up, lot maintenance of abandoned, foreclosed and generally poor condition properties in the City. Recently, Commissioner Newman desired to amend the Code in order to create an obligation in the financial institutions to register with the City and requires the financial institutions to maintain the foreclosure properties. State House Bill 221 Page Two The proposed House Bill 221, and its companion bill 119, and the companion Senate Bills 874 and 1044, will assist the City in its registration requirement with finance institutions and assist the City in tracking these properties and obtain compliance with lot maintenance and deterioration issues associated with foreclosure properties. The proposed bill would provide further support for the City 's efforts and would provide a state wide listing program for access to entire community of those properties that are in foreclosure and the contact information for the relevant financial institution proceeding with the foreclosure. House Bill 119 has been forwarded to the following committees /groups /entities for review and comment: Insurance, Business & Financial Affairs Policy Committee; Civil Justice & Courts Policy Committee; General Government Policy Council; Government Operations Appropriations Committee; and the Full Appropriations Council on General Government & Health Care. The Mayor and City Commission desire to support State Representative Ari Porth and the entire state legislation and request the enactment of House Bill 221 and Senate Bills 874 and 1044. Once this bill becomes law it will be easier and more cost efficient to support the proposed changes to the City's code relating to abandoned and foreclosed properties. FISCAL/BUDGETARY IMPACT: None. If enacted, the state registry of foreclosure properties would probably assist the City in its enforcement actions and help the City save costs in enforcement of its City Code. RECOMMENDATION: Approval. House. Bill 22:1 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 HB 221 2009 1 A bill to be entitled 2 An act relating to public records; providing an exemption 3 from public records requirements for specified identifying 4 information contained in the statewide Internet registry 5 maintained under the Vacant or Abandoned Real Property 6 Registration, Maintenance, and Foreclosure Reporting Act; 7 providing exceptions; providing for future review and 8 repeal of the exemption; providing a statement of public 9 necessity; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Statewide Internet registry maintained under 14 the Vacant or Abandoned Real Property Registration, Maintenance, 15 and Foreclosure Reporting Act; public records exemption.- - 16 (1) The following information filed in the statewide 17 Internet registry maintained under the Vacant or Abandoned Real 18 Property Registration, Maintenance, and Foreclosure Reporting 19 Act is confidential and exempt from s. 119.07(1) and s. 24(a), 20 Art. I of the State Constitution: 21 (a) The name of the owner of the property that is the 22 subject of the filing. 23 (b) The address of the property that is the subject of the 24 filing. 25 (c) The mortgage loan number of the property that is the 26 subject of the filing. 27 (2)(a) The information made confidential and exempt under 28 subsection (1) may be made available to a state agency, the Page 1 of 4 CODING: Words stFiGkee are deletions; words underlined are additions: hb0221 -00 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 HB 221 2009 29 lender, or the local government in which the property is 30 located. 31 (b) The Department of Financial Services may use the 32 filings in the registry to provide statistical information 33 concerning vacant or abandoned property and property 34 foreclosures. 35 (3) This section is subject to the Open Government Sunset 36 Review Act in accordance with s. 119.15 and shall stand repealed 37 on October 2, 2014, unless reviewed and saved from repeal 38 through reenactment by the Legislature. 39 Section 2. Because mortgage foreclosures and the many 40 problems that arise as a result of foreclosures have become a 41 problem both nationally and particularly in the State of 42 Florida, a statewide Internet registry was created under the 43 Vacant or Abandoned Real Property Registration, Maintenance, and 44 Foreclosure Reporting Act for the purpose of helping the state, 45 local governments, and mortgage lenders address the problems 46 inherent in the increase of vacant and abandoned properties 47 throughout the state. By establishing the registry as a single 48 source that will facilitate the compilation, reporting, and 49 exchange of information relevant to foreclosures, the relevant 50 parties in property foreclosures will be better able to 51 communicate with each other concerning the problems related to 52 such vacant and abandoned properties. This capability will help 53 reduce the negative impact that increasing numbers of foreclosed 54 properties have on neighborhoods and communities throughout the 55 state. Issues concerning the maintenance of such properties are 56 better addressed at earlier stages, before the properties begin Page 2 of 4 CODING: Words stFiGkee are deletions; words underlined are additions. MOM -00 F L O R I D A H O U S E O F HB 221 R E P R E S E N T A T I V E S 2009 57 to have a detrimental effect on neighborhoods and communities, 58 and the statewide registry will enable all relevant parties to a 59 foreclosure to act in a timely manner and thus avoid or minimize 60 such effects. Under Florida law, the statewide registry would be 61 subject to the state's public records law and anyone could 62 obtain the information contained in the registry. This level of 63 access has the potential to provide criminals with specific 64 information about vacant or abandoned properties, thus making 65 the properties more susceptible to robbery, burglary, vandalism, 66 or other misuse. By making such information publicly available, 67 any resultant robbery, burglary, vandalism, or other misuse of 68 such unprotected properties would be completely contrary to some 69 of the primary purposes of establishing the registry, namely, to 70 protect properties from neglect and misuse and to increase the 71 general safety and quality of life of neighborhoods and 72 communities throughout the state. Under the provisions governing 73 the registry, the name of the owner of a subject property and 74 the address and mortgage loan number of such property would 75 still be available to state agencies, the mortgage lender, and 76 the local government in which the subject property is.located. 77 It is therefore the finding of the Legislature that it is in the 78 best interests of the state that the name of the owner of a 79 property that is the subject of a filing in the statewide 80 Internet registry created under the Vacant or Abandoned Real 81 Property Registration, Maintenance, and Foreclosure Reporting 82 Act and the address and the loan number of the property that is 83 the subject of the filing be held exempt from public records 84 requirements. Page 3 of 4 CODING: Words etFiGkea are deletions; words underlined are additions. MOM -00 . , 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 HB 221 2009 Section 3. This act shall take effect July 1, 2009, if HB 119 or similar legislation is adopted in the same legislative session or an extension thereof and becomes law. Page 4 of 4 CODING; Words GtFiGkea are deletions; words underlined are additions. hb0221 -00 House Bill 119 Real Property Registration Senate Bill 874 s Florida Senate - 2009 SB 874 By Senator Smith 29- 00968 -09 2009874 1 A bill to be entitled 2 An act relating to real property registration; 3 providing a short title; providing.definitions; 4 requiring the Department of Financial Services to 5 establish a statewide Internet registry of certain 6 vacant, abandoned, or foreclosure - proposed properties 7 for certain purposes; authorizing the department to 8 charge a fee for registry filings; requiring lenders 9 to file with the registry certain information on 10 certain properties; providing additional information 11 requirements; requiring lenders to periodically 12 determine the vacant or abandoned status of certain 13 properties in mortgage default; specifying additional 14 required information; providing additional penalties; 15 requiring lenders and the department to notify local 16 governments of properties on the registry; requiring 17 local governments to establish an e -mail address for 18 receiving such notices; providing duties of lenders 19 and local governments; requiring lenders initiating 20 foreclosure proceedings to include certain information 21 in the filings for foreclosure; providing for 22 dismissal of foreclosure proceedings under certain 23 circumstances; providing for award of certain costs; 24 authorizing lenders to correct failures to include 25 specified information and deposit certain amounts into 26 the court registry for certain purposes; authorizing 27 local governments to enter properties listed on the 28 registry for certain examination purposes; providing 29 limitations; requiring local governments to notify Page 1 of 10 CODING: Words men are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 30 lenders of intent to enter certain properties for 31 certain purposes; prohibiting local governments from 32 entering such properties under certain circumstances; 33 authorizing lenders to certify to local governments 34 that certain properties have been inspected and meet 35 certain criteria; providing penalties; providing for 36 nonapplication to legally occupied properties; 37 providing local governments with immunity from 38 prosecution under certain circumstances; providing an 39 exception; requiring local governments to notify 40 certain persons.of certain conditions of properties 41 listed on the registry; authorizing local governments 42 to correct or repair such conditions and recover the 43 full costs of such repairs or corrections; providing 44 for superiority of liens for such costs; providing 45 requirements; specifying abandoned property as 46 nonhomestead property; protecting the right of local 47 governments to inspect properties under certain 48 circumstances; prohibiting local governments from 49 maintaining separate local property registries; 50 requiring local governments to transmit any local 51 property registry information to the department; 52 providing information requirements for lenders 53 initiating foreclosure actions; prohibiting issuance 54 of final judgments of foreclosure and sales of 55 property in foreclosure actions under certain 56 circumstances; authorizing groups of lenders to 57 establish a separate reporting system under certain 58 circumstances; providing requirements; providing an Page 2 of 10 CODING: Words stL=ie,en are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. (1) This section may be cited as the "Vacant or 64 Abandoned Real Property Registration, Maintenance, and 65 Foreclosure Reporting Act." 66 (2) For purposes of this section, the term: 67 (a) "Abandoned property" means property that is not legally 68 occupied by any person, is no longer being maintained, and 69 constitutes a nuisance as described in s. 823.01, Florida 70 Statutes. 71 (b). "Department" means the Department of Financial 72 Services. 73 (c) "Legal agent" means an employee or designee of a lender 74 designated by the lender for purposes of receiving legal notices 75 relating to real property. 76 (d) "Maintenance agent" means an employee or designee of a 77 lender designated by the lender for purposes of maintaining the 78 condition of real property. 79 (e) "Vacant property" means land upon which no structure 80 has been erected and constitutes a nuisance as described in s. 81 823.01, Florida Statutes. 82 (3)(a) The department shall establish a statewide Internet 83 registry of each property specified in subsection (4) containing 84 the information required by this section. 85 (b) The department shall use the filings in the registry to 86 provide statistical information concerning vacant or abandoned 87 property and property foreclosures. Page 3 of 10 CODING: Words stEleken are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 88 (c) The department may charge a fee for each filing of 89 information of property listed in the registry. Such fee may not 90 exceed the actual costs of recording such information in the 91 registry and notifying local governments. 92 (4)(a) Each lender holding a mortgage on vacant or 93 abandoned real property that the lender takes action to 94 maintain, which may be pursuant to criteria established by the 95 Federal National Mortgage Association, under the rights provided 96 in the securing mortgage documents or with respect to which the 97 lender prepares legal documents to be filed for purposes of 98 foreclosing on the mortgaged property, whichever occurs first, 99 shall file with the registry a description of such real 100 property, including the property owner's name, the address of 101 the property, and the lender's loan number together with the 102 lender's name, the lender's legal agent and maintenance agent, 103 and the agents' addresses, telephone numbers, and e -mail 104 addresses. The department may require such other information the 105 department deems necessary to fulfill the intent and purpose of 106 this section. The lender's legal agent and maintenance agent may 107 be the same person. The lender shall also notify the appropriate 108 local government of the filing of such information with the 109 registry as required in subsection (5). 110 (b) At least once every 2 months after a mortgagor is in 111 default on a mortgage, as evidenced by written notification from 112 the lender to the mortgagor, the lender shall determine if the 113 property is vacant or abandoned and shall include the 114 information required in paragraph (a), including the date of any 115 inspection, into the registry upon filing. Failure to complete 116 the determination or include the results of the determination Page 4 of 10 CODING: Words men are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874. 117 into the registry shall result in an additional penalty of $500 118 at the time of filing. Such additional penalty shall be used to 119 satisfy any local government liens upon the premises that 120 accrued prior to the filing in the registry and any excess 121 penalty moneys shall be retained by the department. 122 (5)(a) The department shall provide a copy of the registry 123 filing and any registry filing updates by e -mail to the local 124 government within the jurisdiction of which the property is 125 located. Each local government shall establish an e -mail address 126 for purposes of receiving copies of such registry filings. 127 (b)1. A local government shall electronically confirm with 128 the registry the receipt of each such registry filing received 129 from the department, and the registry shall notify the legal 130 agent by e -mail certifying receipt by the local government. If 131 the lender does not receive such certification, the lender shall 132 provide by certified mail with proof of delivery to the local 133 government the information specified in subsection (4) and 134 electronically notify the registry of such action. 135 2. A local government that receives a confirmation in error 136 shall electronically notify the registry of the error, and the 137 registry shall notify the legal agent by e -mail. 138 3. When a lender is notified that a local government 139 received a notice in error, the lender shall correct the filing 140 in the registry and ensure that the correct local government 141 receives the notification required by this section. 142 (c) Whenever any lender information is changed, the lender 143 shall update the registry, including the time the lender 144 initiates proceedings to foreclose the mortgage on any property 145 listed in the registry, complying with the requirements of Page 5 of 10 CODING: Words are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 146 paragraphs (a) and (b). 147 (d) When a lender retains legal counsel to pursue a 148 mortgage collection action or foreclosure action or files 149 foreclosure proceedings in court, the lender shall include proof 150 of the registry filing certifying that the proper local 151 government has received mortgage collection or foreclosure 152 notification through the registry or through certified mail with 153 proof of delivery as provided in this subsection. Failure to 154 include such information shall cause the mortgage collection or 155 foreclosure action to be dismissed and costs shall be assessed 156 against the lender, or the lender may correct the failure to 157 include such proof before such dismissal and deposit the sum of 158 $1,000 into the court registry to be used to pay any outstanding 159 liens of the local government if the local government chooses to 160 maintain the property. 161 (6)(a) Except as provided in paragraphs (b) and (c), after 162 a property is listed in the registry, the local government may 163 physically enter upon the premises of the property in the normal 164 course of property inspections under the same legal authority 165 possessed by the lender to enter upon such property, not more 166 often than once every 3 months, for the purpose of examining the 167 property to ensure that the property is properly secured and is 168 not a danger to the surrounding area. If during the inspection 169 the local government observes violations of local government 170 ordinances, the local government may issue notices to require 171 correction of the violations. However, at least 10 days prior to 172 entering the property for purposes of such examination, the 173 local government shall electronically notify the maintenance 174 agent of the proposed inspection, including the date and time of Page 6 of 10 CODING: Words are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 175 the proposed inspection, and the lender's maintenance agent may 176 accompany the local government's inspectors during such 177 inspection. 178 (b) Notwithstanding paragraph (a), a local government may 179 not enter upon the premises of any property of the lender listed 180 on the registry to perform any inspection under paragraph (a) if 181 the lender certifies to the local government under oath that the 182 lender has conducted a physical inspection of the property 183 within 10 days after the notice provided by the local government 184 required under paragraph (a) and that the property is secure, is 185 not a danger to the surrounding area, and is in compliance with 186 the local government's ordinances. The inspection conducted by 187 the lender must include the name, business address, e -mail 188 address, and telephone number of the inspector and the date of 189 the physical inspection. If it is later determined that the 190 inspection is fraudulent, the lender and inspector shall be 191 subject to a civil penalty as provided in s. 501.2075, Florida 192 Statutes. If it is later determined that the inspection is 193 incorrect or fraudulent, the local government may immediately 194 proceed to inspect and enforce the provisions of this 195 subsection. 196 (c) Paragraph (a) does not apply to legally occupied 197 properties. 198 (d) If a local government enters upon the premises of any 199 property under this subsection for purposes of this subsection, 200 the local government shall be immune from prosecution except for 201 negligence on the part of officials of the local government in 202 conducting inspections and maintaining the property. 203 (7) If any property listed in the registry'is broken into Page 7 of 10 CODING: Words sti-leken are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 q 2009874 204 or vandalized, violates the local government's ordinances, or 205 otherwise falls into disrepair or becomes uninhabitable, the 206 local government may notify the maintenance agent. If, after 207 providing such notice, the property remains unsecured or 208 vandalized, in violation of the local government's laws, or in 209 disrepair or uninhabitable, the local government may, but is not 210 required to, initiate repairs and recover the full amount of the 211 cost of such repairs from the lender. If the local government 212 initiates repairs, the local government is not required to 213 continue such repairs under s. 162.09, Florida Statutes. Such 214 costs shall be assessed against the property and shall 215 constitute a lien on such property equal in priority to real 216 property taxes, including any post lis pendens assessment filed 217 by the local government, which shall be deemed valid, during a 218 foreclosure proceeding, and shall be superior to all mortgage 219 liens and other liens or judgments against such property, which 220 must be satisfied in full upon sale of the property occurring as 221 a result of the foreclosure proceeding or upon settlement or 222 dismissal in the proceeding, if the local government complies 223 with the following: 224 (a) The property must be cited by the local government's 225 code enforcement agency through the local government's code 226 enforcement process, nuisance abatement process, or unsafe 227 structure process, which citation, in addition to any other 228 required notifications, must also be provided electronically to 229 the lender's legal agent, and the local government must conduct 230 a hearing, as is typically provided in such processes, to allow 231 the lender to dispute the evidence or present evidence of its 232 intent to secure and repair the property. Page 8 of 10 CODING: Words en are deletions; words underlined are additions. Florida Senate - 2009 SB.874 29- 00968 -09 2009874 233 (b) If the lender fails to comply with the decision of the 234 local government's code.enforcement agency, the local government 235 may proceed to initiate and complete repairs and secure the 236 property. Thereafter, the local government may record a lien 237 assessing the property for such expenses in the public records 238 of the county and may also proceed to enforce collection of such 239 lien as provided in this section or in the same manner as other 240 liens and assessments of the local government. 241 (8) Property that has been abandoned by the property owner 242 shall no longer be deemed to be homestead property. 243 (9) This section does not prohibit a local government from 244 inspecting property and enforcing its laws or from exercising 245 any other remedies available to local governments as provided by 246 law. Additionally, if the real property poses an immediate 247 danger to the public health, safety, and welfare, the local 248 government may take any authorized action provided by law, and 249 the costs of correcting the immediate danger shall hold the same 250 status as an assessment provided in subsection (7). 251 (10) Upon the effective date of this section and upon the 252 implementation of the registry, a local government may not 253 maintain a separate local registry for lenders to file 254 descriptions of property as provided in subsection (3). Any 255 registration information held by a local government in any type 256 of local registry shall be transmitted electronically to the 257 registry by August 1, 2009, or at such time that the department 258 notifies the local government that the department is ready to 259 receive the information, whichever occurs later. 260 (11) Any lender that has initiated mortgage foreclosure 261 proceedings on a property subject to filing requirements with Page 9 of 10 CODING: Words stL-Ieken are deletions; words underlined are additions. Florida Senate - 2009 SB 874 29- 00968 -09 2009874 262 the registry under this section by filing a foreclosure claim in 263 a foreclosure action in court prior to the effective date of 264 this section and a sale of the property has not occurred 265 pursuant to a final judgment of foreclosure or a decree of 266 foreclosure in the foreclosure action, shall comply with the 267 requirements of this section, and a final judgment of 268 foreclosure ordering the property to be sold may not be issued 269 and a sale of the property may not be made until after the 270 lender files with the court in the foreclosure proceeding the 271 required notice showing compliance in notifying the registry and 272 local government as required by this section. 273 (12) Notwithstanding the registry reporting requirements of 274 this section and subject to approval by the department, a group 275 of lenders may provide a separate system of reporting the 276 information required under this section to the department and to 277 affected local governments, provided the system satisfies the 278 reporting requirements of this section. Such lenders shall be 279 subject to the other requirements of this section. 280 Section 2. This act shall take effect July 1, 2009. Page 10 of 10 CODING: Words stEleken are deletions; words underlined are additions. Senate Bill 1044 Florida Senate - 2009 SB 1044 ,By Senator Smith 29- 01388 -09 20091044 1 A bill to be entitled 2 An act relating to public records; providing an 3 exemption from public- records requirements for 4 specified identifying information contained.in the 5 statewide Internet registry maintained under the 6 Vacant or Abandoned Real Property Registration, 7 Maintenance, and Foreclosure Reporting Act; providing 8 exceptions; providing for future review and:repeal of 9 the exemption; providing a statement of public 10 necessity; providing a contingent effective date. 11 12 Be It Enacted by the Legislature of the State of,Florida: 13 14 Section 1. Statewide Internet registry maintained under the 15 Vacant or Abandoned Real Property Registration, Maintenance, and 16 Foreclosure Reporting Act; public- records exemption. - 17 (1) The following information filed in the statewide 18 Internet registry maintained under the Vacant or Abandoned Real 19 Property Registration, Maintenance, and Foreclosure Reporting 20 Act is confidential and exempt from s. 119.07(1),and s. 24(a), 21 Art. I of the State Constitution: 22 (a) The name of the owner of the property that is the 23 subject of the filing. 24 (b) The address of the property that is the subject of the 25 filing. 26 (c) The mortgage loan number of the property that is the 27 subject of the filing. 28 (2)(a) The information made confidential and exempt under 29 subsection (1) may be made available to a state agency, the Page 1 of 4 CODING: Words are deletions; words underlined are additions. Florida Senate - 2009 SB 1044 29- 01388 -09 20091044 30 lender, or the local government in which the property is 31 located. 32 (b) The Department of Financial Services may use the 33 filings in the registry to provide statistical information 34 concerning vacant or abandoned property and property 35 foreclosures. 36 (3) This section is subject to the Open Government Sunset 37 Review Act in accordance with s. 119.15, and shall stand 38 repealed on October 2, 2014, unless reviewed and saved from 39 repeal through reenactment by the Legislature. 40 Section 2. Because mortgage foreclosures and the many 41 problems that arise as a result of foreclosures have become a 42 problem both nationally and particularly in the State of 43 Florida, a statewide Internet registry was created under the 44 Vacant or Abandoned Real Property Registration, Maintenance, and 45 Foreclosure Reporting Act for the purpose of helping the state, 46 local governments, and mortgage lenders address the problems 47 inherent in the increase of vacant and abandoned properties 48 throughout the state. By establishing the registry as a single 49 source that will facilitate the compilation, reporting, and 50 exchange of information relevant to foreclosures, the relevant 51 parties in property foreclosures will be better able to 52 communicate with each other concerning the problems related to 53 such vacant and abandoned properties. This capability will help 54 reduce the negative impact that increasing numbers of foreclosed 55 properties have on neighborhoods and communities throughout the 56 state. Issues concerning the maintenance of such properties are 57 better addressed at earlier stages, before the properties begin 58 to have a detrimental effect on neighborhoods and communities, Page 2 of 4 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2009 SB 1044 29- 01388 -09 20091044 59 and the statewide registry will enable all relevant parties to a 60 foreclosure to act in a timely manner and thus avoid or minimize 61 such effects. Under Florida law, the statewide registry would be 62 subject to the state's public- records law and anyone could 63 obtain the information contained in the registry. This level of 64 access has the potential to provide criminals with specific 65 information about vacant or abandoned properties, thus making 66 the properties more susceptible to robbery, burglary, vandalism, 67 or other misuse. By making such information publicly available, 68 any resultant robbery, burglary, vandalism, or other misuse of 69 such unprotected properties would be completely contrary to some 70 of the primary purposes of establishing the registry, namely, to 71 protect properties from neglect and misuse and to increase the 72 general safety and quality of life of neighborhoods and 73 communities throughout the state. Under the provisions governing 74 the registry, the name of the owner of a subject property and 75 the address and mortgage loan number of such property would 76 still be available to state agencies, the mortgage lender, and 77 the local government in which the subject property is located. 78 It is therefore the finding of the Legislature that it is in the 79 best interests of the state that the name of the owner of a 80 property that is the subject of a filing in the statewide 81 Internet registry created under the Vacant or Abandoned Real 82 Property Registration, Maintenance, and Foreclosure Reporting 83 Act and the address and the loan number of the property that is 84 the subject of the filing be held exempt from public- records 85 requirements. 86 Section 3. This act shall take effect July 1, 2009, if SB 87 or similar legislation is adopted in the same legislative Page 3 of 4 CODING: Words84�Ei8ken are deletions; words underlined are additions. M Florida Senate - 2009 29- 01388 -09 session or an extension thereof and becomes law. SB 1044 20091044_ Page 4 of 4 CODING: Words en are deletions; words underlined are additions.