Title: Court Records of Eviction Proceedings

Summary: Authorizes tenants & mobile home owners who are defendants in certain eviction proceedings to file motion with court to have records of such proceedings sealed & to have their names substituted on progress docket under certain conditions; requires court to grant such motions if certain requirements are met; requires court to substitute defendant's name on progress docket if judgment is entered in favor of defendant; provides retroactive applicability.

Full Text:
An act relating to court records of eviction proceedings; creating s. 83.626, F.S.; authorizing tenants and mobile home owners who are defendants in certain eviction proceedings to file a motion with the court to have the records of such proceedings sealed and to have their names substituted on the progress docket under certain conditions; providing applicability; requiring the court to grant such motions if certain requirements are met; authorizing that such relief be granted only once; requiring tenants and mobile home owners to submit a specified sworn statement under penalty of perjury with their motion; requiring the court to substitute a defendant's name on the progress docket if a judgment is entered in favor of the defendant; providing exceptions; providing retroactive applicability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 83.626,Florida Statutes, is created to read: 83.626 Court records of eviction proceedings.-(1) A tenant or mobile home owner who is a defendant in an HB 1131 2022 eviction proceeding under this part or s. 723.061 may file a motion with the court to have the records of such proceeding sealed and to have his or her name substituted with "tenant" on the progress docket if any of the following conditions are satisfied: (a) The parties file a joint stipulation requesting relief under this section. (b) The case was dismis sed. (c) The case was resolved by settlement or stipulation of the parties and the defendant has complied with the terms of the agreement. (d) A default judgment was entered against the defendant and the defendant has satisfied any monetary award inclu ded in the judgment. This paragraph does not apply if the action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for material noncompliance, other than nonpayment of rent, because of the tenant's intentional destruction, damage, or misuse of the landlord's property. (e) A judgment was entered against the defendant on the merits at least years before the motion was filed under this subsection and the defendant has satisfied any monetary award included in the judgment. This paragraph does not apply if the action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for material noncompliance, other than nonpayment of rent, because of the tenant's intentional destruction, damage, or HB 1131 2022 misuse of the landlord's property. (2)(a) The court sha ll grant such motion without a hearing if the requirements in paragraph (1)(a) or paragraph (1)(b) are satisfied. (b) If the defendant files a motion on the basis of paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being satisfied, the defendant must also serve a copy of the motion on all parties to the proceeding. If a written objection is filed within days after such service, the court must schedule a hearing. If no written objection is filed within days after service of the motion, or the court determines after a hearing that the defendant is eligible for relief, the court must grant the motion. (3) A tenant or mobile home owner is entitled to relief under subsection (2) only once. When a tenant or mobile home owner files a motion under subsection (1), he or she must also submit a sworn statement under penalty of perjury affirming that he or she has not previously received such relief from a court in the state. (4) In an eviction proceeding under this part or s. 723.061, the court must substitute a defendant's name on the progress docket with "tenant" if a judgment is entered in favor of the defendant. (5) A defendant is not eligible for relief under this section if: HB 1131 2022 (a) During any-month period, the defendant has had a judgment entered against him or her in two or more eviction proceedings; or (b) During any-month period, the defendant has had a judgment entered against him or her in three or more eviction proceedings. (6) This section applies to any judgment entered befor e, on, or after July 1, 2022. Section 2. This act shall take effect July 1, 2022.