Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1062
       
       
       
       
       
       
                                Ì340068.Î340068                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2017           .                                
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       The Committee on Rules (Powell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) is added to subsection (1) of
    6  section 119.0714, Florida Statutes, to read:
    7         119.0714 Court files; court records; official records.—
    8         (1) COURT FILES.—Nothing in this chapter shall be construed
    9  to exempt from s. 119.07(1) a public record that was made a part
   10  of a court file and that is not specifically closed by order of
   11  court, except:
   12         (k)1. A petition, and the contents thereof, for an
   13  injunction for protection against domestic violence, repeat
   14  violence, dating violence, sexual violence, stalking, or
   15  cyberstalking that is dismissed without a hearing, dismissed at
   16  an ex parte hearing due to failure to state a claim or lack of
   17  jurisdiction, or dismissed for any reason having to do with the
   18  sufficiency of the petition itself without an injunction being
   19  issued on or after July 1, 2017, is exempt from s. 119.07(1) and
   20  s. 24(a), Art. I of the State Constitution.
   21         2. A petition, and the contents thereof, for an injunction
   22  for protection against domestic violence, repeat violence,
   23  dating violence, sexual violence, stalking, or cyberstalking
   24  that is dismissed without a hearing, dismissed at an ex parte
   25  hearing due to failure to state a claim or lack of jurisdiction,
   26  or dismissed for any reason having to do with the sufficiency of
   27  the petition itself without an injunction being issued before
   28  July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I
   29  of the State Constitution only upon request by an individual
   30  named in the petition as a respondent. The request must be in
   31  the form of a signed, legibly written request specifying the
   32  case name, case number, document heading, and page number. The
   33  request must be delivered by mail, facsimile, or electronic
   34  transmission or in person to the clerk of the court. A fee may
   35  not be charged for such request.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that a petition, and the contents thereof, for an
   38  injunction for protection against domestic violence, repeat
   39  violence, dating violence, sexual violence, stalking, or
   40  cyberstalking that is dismissed without a hearing, dismissed at
   41  an ex parte hearing due to failure to state a claim or lack of
   42  jurisdiction, or dismissed for any reason having to do with the
   43  sufficiency of the petition itself without an injunction being
   44  issued be made exempt from s. 119.07(1), Florida Statutes, and
   45  s. 24(a), Article I of the State Constitution. The Legislature
   46  finds that the existence of, and the unverified allegations
   47  contained in, such a petition may be defamatory to an individual
   48  named in it and cause unwarranted damage to the reputation of
   49  such individual. The Legislature further finds that removing
   50  such a record from public disclosure is the sole means of
   51  protecting the reputation of such an individual.
   52         Section 3. This act shall take effect July 1, 2017.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to public records; amending s.
   60         119.0714, F.S.; providing an exemption from public
   61         records requirements for petitions, and the contents
   62         thereof, for certain protective injunctions that are
   63         dismissed in certain circumstances; providing a
   64         statement of public necessity; providing an effective
   65         date.