Bill Text: FL S1322 | 2022 | Regular Session | Introduced

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Bill Title: Court Records of Eviction Proceedings

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Judiciary [S1322 Detail]

Download: Florida-2022-S1322-Introduced.html

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       Florida Senate - 2022                                    SB 1322
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00586A-22                                          20221322__
    1                        A bill to be entitled                      
    2         An act relating to court records of eviction
    3         proceedings; creating s. 83.626, F.S.; authorizing
    4         tenants and mobile home owners who are defendants in
    5         certain eviction proceedings to file a motion with the
    6         court to have the records of such proceedings sealed
    7         and to have their names substituted on the progress
    8         docket under certain conditions; specifying that
    9         tenants and mobile home owners are entitled to such
   10         relief only once; requiring tenants and mobile home
   11         owners seeking such relief to serve a copy of the
   12         motion on parties to the proceeding and file a
   13         specified affidavit with the court; requiring the
   14         court to grant such motions if certain requirements
   15         are met; specifying that tenants and mobile home
   16         owners are entitled to have their name on the progress
   17         docket substituted under certain circumstances;
   18         prohibiting the court from charging certain fees;
   19         providing retroactive applicability; providing an
   20         effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 83.626, Florida Statutes, is created to
   25  read:
   26         83.626 Court records of eviction proceedings.—
   27         (1)(a) A tenant or mobile home owner who is a defendant in
   28  an eviction proceeding for nonpayment of rent under this part or
   29  nonpayment of the lot rental amount under s. 723.061 may file a
   30  motion with the court to have the records of such proceeding
   31  sealed and to have his or her name substituted with “tenant” on
   32  the progress docket if any of the following conditions is
   33  satisfied:
   34         1. The case was resolved by settlement or stipulation of
   35  the parties, and the tenant or mobile home owner has complied
   36  with the terms of the agreement.
   37         2. A default judgement was entered against the tenant or
   38  mobile home owner, and he or she has satisfied any monetary
   39  award included in the judgement.
   40         3. A judgement was entered against the tenant or mobile
   41  home owner on the merits, at least 5 years have passed from the
   42  date of entry of the judgement, and the tenant has satisfied any
   43  monetary award included in the judgment.
   44         (b) A tenant or mobile home owner is entitled to relief
   45  under this subsection only once.
   46         (2) A tenant or mobile home owner seeking relief under
   47  subsection (1) must serve a copy of the motion upon all parties
   48  to the proceeding and must file an affidavit with the court
   49  attesting that he or she has not previously received relief
   50  under that subsection. The court must schedule a hearing if a
   51  written objection is filed within 30 days after serving the
   52  motion. If no such objection is timely filed, the court must
   53  grant the relief without a hearing. If a timely objection is
   54  filed and the court, after a hearing, determines that the tenant
   55  or mobile home owner is eligible for relief, the court must
   56  grant the relief.
   57         (3) In an eviction proceeding for nonpayment of rent under
   58  this part or for nonpayment of the lot rental amount under s.
   59  723.061, if judgment is entered in favor of the tenant or mobile
   60  home owner or the parties file a joint stipulation requesting
   61  relief under this section, the tenant or mobile home owner is
   62  entitled to the substitution of his or her name on the progress
   63  docket with “tenant” without any further motion or hearing
   64  thereon.
   65         (4) The court may not charge a filing or reopening fee for
   66  motions filed pursuant to this section.
   67         (5) This section applies to any judgment entered before,
   68  on, or after July 1, 2022.
   69         Section 2. This act shall take effect July 1, 2022.