Florida Senate - 2017                                    SB 1062
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00972-17                                           20171062__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0714, F.S.; providing an exemption from public
    4         records requirements for petitions, and the contents
    5         thereof, for certain protective injunctions that are
    6         dismissed in certain circumstances; requiring the
    7         removal of petitions dismissed before, on, or after a
    8         specified date from publicly accessible records;
    9         providing for future legislative review and repeal of
   10         the exemption; providing a statement of public
   11         necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (k) is added to subsection (1) of
   16  section 119.0714, Florida Statutes, to read:
   17         119.0714 Court files; court records; official records.—
   18         (1) COURT FILES.—Nothing in this chapter shall be construed
   19  to exempt from s. 119.07(1) a public record that was made a part
   20  of a court file and that is not specifically closed by order of
   21  court, except:
   22         (k)1.A petition, and the contents thereof, for an
   23  injunction for protection against domestic violence, repeat
   24  violence, dating violence, sexual violence, stalking, or
   25  cyberstalking which is dismissed without a hearing or at an ex
   26  parte hearing due to failure to state a claim, lack of
   27  jurisdiction, or any reason having to do with the sufficiency of
   28  the petition itself without an injunction being issued.
   29         2.a.A petition, and the contents thereof, described in
   30  subparagraph 1. which is dismissed on or after July 1, 2017,
   31  must be removed from all publicly accessible records upon
   32  dismissal.
   33         b.A petition, and the contents thereof, described in
   34  subparagraph 1. which are dismissed before July 1, 2017, shall
   35  be removed upon request by an individual named in the petition
   36  as a respondent. The request must be in the form of a signed,
   37  legibly written request specifying the case name, case number,
   38  document heading, and page number. The request must be delivered
   39  by mail, facsimile, or electronic transmission or in person to
   40  the clerk of the court. A fee may not be charged for such
   41  removal.
   42         3.This paragraph is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2022, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         Section 2. The Legislature finds that it is a public
   47  necessity that a petition, and the contents thereof, for an
   48  injunction for protection against domestic violence, repeat
   49  violence, dating violence, sexual violence, stalking, or
   50  cyberstalking which is dismissed without a hearing or at an ex
   51  parte hearing due to failure to state a claim, lack of
   52  jurisdiction, or any reason having to do with the sufficiency of
   53  the petition itself without an injunction being issued be made
   54  confidential and exempt from s. 119.07(1), Florida Statutes, and
   55  s. 24(a), Article I of the State Constitution. The Legislature
   56  finds that the existence of, and the unverified allegations
   57  contained in, such a petition may be defamatory to an individual
   58  named in it and cause unwarranted damage to the reputation of
   59  such individual. The Legislature further finds that correction
   60  of the public record by the removal of such a petition, and the
   61  contents thereof, is the sole means of protecting the reputation
   62  of such individual.
   63         Section 3. This act shall take effect July 1, 2017.