Contract 2019-77A2019-77A
NONDISCLOSURE AGREEMENT
FOR INFORMATION EXEMPT FROM PUBLIC DISCLOSURE
UNDER CHAPTER 11% FLORIDA STATUTES
BETWEEN THE LAKE COUNTY PROPERTY APPRAISER
AND THE CITY OF CLERMONT
THIS NONDISCLOSURE AGREEMENT FOR INFORMATION EXEMPT FROM PUBLIC
DISCLOSURE UNDER CHAPTER 119, FLORIDA STATUTES ("Agreement") is made and entered into
this day of ,, 2019, by and between the CITY OF CLERMONT, a municipal
corporation in Lake County (the "City") whose address is 685 W. Montrose St. Clermont, FL 34711, and
the LAKE COUNTY PROPERTY APPRAISER, (the "Property Appraiser") a Constitutional Officer of
the State of Florida, whose address is 320 West Main St. Suite A, Tavares, Florida 32778.
SECTION I
Findings and Determinations
The parties find and determine;
1. The Property Appraiser has the statutory responsibility to list and appraise all real and tangible
personal property in the County each year for purposes of ad valorem taxation. During the normal
course of business, the Property Appraiser acquires, stores, and maintains an abundance of property
and ownership information, some of which is exempt from public disclosure; and
2. In order to carry out its duties the City may from time to time request data from the Property Appraiser
in order to provide certain necessary municipal functions. Additionally, in October of each year, the
Property Appraiser provides to the City an annual tax roll of all properties within the city's jurisdictional
boundary.
SECTION H
Annlicable Law and Regulation
1. Chapter 119, Florida Statues, provides that any records made or received by any public agency in the
course of its official business are available for inspection, unless specifically exempted by the Florida
Legislature; and
2. Section 119.071, Florida Statutes, contains multiple exemptions from disclosure under the mandatory
access requirement of section 119.07(1), Florida Statutes. Under section 119.071(4)(d)3., Florida
Statutes, an agency that is not the employer of, but is the custodian of records pertaining to, one of the
persons enumerated in section 119.071(4)(d), Florida Statutes, is required to maintain such person's
exemption if the person or his or her employing agency submits a written request to the custodian; and
3. Section 119.071(4)(d), Florida Statutes, defines "Home Addresses" to mean the dwelling location at
which an individual resides and includes the physical address, mailing address, street address, parcel
identification number, plot identification number, legal property description, neighborhood name and
lot number, GPS coordinates, and any other descriptive property information that may reveal the home
address; and
4. The Office of the Attorney General of Florida ("Attorney General') released Advisory Legal Opinion
2017-05 on November 22, 2017 that noted a clear distinction is made between public records that are
"exempt" from disclosure and records that are "confidential." "if information is made confidential in
the statutes, the information is not subject to inspection by the public and may only be released to the
persons or organizations designated in the statute.... If records are not confidential but are only exempt
from the Public Records Act, the exemption does not prohibit the showing of such information."
Based upon this distinction, the Attorney General concluded that when there is a statutory or
substantial policy need for information that is otherwise exempt from disclosure under the Public
Records Act, the information should be made available to the requesting agency or entity. The
Attorney General also noted that there is nothing in Chapter 119, Florida Statutes, indicating that an
exempt address loses its exempt status by being shared with another agency.
SECTION III
PMose
1. The purpose of this Agreement is to facilitate the transfer between the Property Appraiser and the
City of data elements maintained by the Property Appraiser that constitute Home Address as defined
and that are exempt under Chapter 119, Florida Statutes, for which the Property Appraiser has
received a request to withhold such Home Addresses from disclosure pursuant to Section
I I9.071(4)(d)3., Florida Statutes {"Exempt Home Addresses"); and
2. To ensure that Exempt Home Addresses retain their exempt status, and are withheld from disclosure
in accordance with applicable law, once in the City's possession.
SECTION IV
DM
1. The term of this Agreement shall commence upon execution and shall continue and extend
uninterrupted from year-to-year, automatically renewed for successive periods not to exceed one (1)
year each; and
2. Either party has the right to terminate this Agreement by giving at least 30 days' notice in writing to
the other party to expire at the end of the initial or last renewal term.
SECTION V
1. The Property Appraiser agrees to provide the City Exempt Home Addresses in the same manner that
it provides other non-exempt property and ownership information; and
2. The Property Appraiser agrees to clearly identify which properties contain Exempt Home Addresses.
This information will be conveyed in the data file(s) using a field named NPR. The NPR field will
contain a "1" if the parcel has an Exempt Home Address. Otherwise, the NPR field will contain a "0".
SECTION VI
Duties and Responsibilities of the City
1. The City agrees that Exempt Home Addresses will retain their exempt status once in its
possession; and
2. To the extent permitted by applicable law, the Requesting Entity agrees to withhold from public
disclosure Exempt Home Addresses or Names as outlined pursuant to Florida Statute
119.071(4) and Florida Statute 493, and as otherwise identified by the Property Appraiser
pursuant to Section V, above.
SECTION VII
Miisscell_aheuus
1. The parties shall perform all their obligations under this Agreement in accordance with good faith and
prudent practice.
2. If either party receives any letter, action, suit or investigation from a non-party to this Agreement
regarding the withholding of the Exempt Home Addresses pursuant to this Agreement, the other party
shall cooperate and assist the other parties in this agreement in defending claims to such Exempt Home
Addresses. The parties agree that neither party shall be entitled to any additional fees and/or
compensation for their cooperation and assistance under this paragraph of the Agreement.
3. Each party, as a state agency or political subdivision as defined by Florida Statute § 768.28, shall
indemnify each other party and defend and hold it harmless as to any claim, judgment or damage
award whatsoever arising out of or related to that indemnifying party's own negligent or wrongful acts
or omissions, to the extent permitted by law, and subject to the dollar limitations set forth in Florida
Statute § 768.28. The parties understand that pursuant to Florida Statute § 768.28(19), no party is
entitled to be indemnified or held harmless by another party for its own negligent or wrongful acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to
which sovereign immunity may be applicable, and each party claims all of the privileges and
immunities and other benefits and protections afforded by Florida Statute § 163.01(9). The parties to
this Agreement do not intend that this Agreement benefit any third party, and nothing herein should
be construed as consent by a state agency or political subdivision of the State of Florida to be sued by
third parties in any matter arising out of this Agreement.
4. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein and may not be amended, modified, or rescinded unless otherwise provided in this
Agreement, except in writing and signed by all the parties hereto. Should any provision of this
Agreement be declared to be invalid, the remaining provisions of this.Agreement shall remain in full
force and effect, unless such provision found to be invalid alters substantially the benefits or the
Agreement for either of the parties or renders the statutory and regulatory obligations unable to be
performed. All prior agreements between the parties hereto, addressing the matters set forth herein,
are hereby terminated and superseded by this Agreement.
5. This Agreement shall be .governed by the laws of the State of Florida.
6. Written notice shall be given to the parties at the following addresses, or such other place or person as
each of the parties shall designate by similar notice:
The Honorable Carey Baker,
Lake County Property Appraiser
320 W. Main St. Suite A
Tavares, Fl 32778
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Hato the Reauesting .ntity:
City of Clermont
685 W. Montrose St.
Clermont, FL 34711
IN WITNESS WHEREOF, the parties have hereunto set, their hands and seals and such of them as are
corporations have caused these presents to be signed by their duly authorized officers.
WITNESS
LAKE COUNTY PRO RT� R
By:
Carey Bak LJ
/ /
Date:
Cl
-Darren S. Slyaw
Printed Name
Cj4q �lcriina.
Title
Date: 10 13. & 111
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