Florida Senate - 2021                                    SB 1746
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01528A-21                                          20211746__
    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; requiring the court
    9         to grant such motions if certain requirements are met;
   10         requiring the court to substitute a defendant’s name
   11         on the progress docket if a judgment is entered in
   12         favor of the defendant; prohibiting the court from
   13         charging certain fees; providing retroactive
   14         applicability; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 83.626, Florida Statutes, is created to
   19  read:
   20         83.626 Court records of eviction proceedings.—
   21         (1) A tenant or mobile home owner who is a defendant in an
   22  eviction proceeding under this part or s. 723.061 may file a
   23  motion with the court to have the records of such proceeding
   24  sealed and to have his or her name substituted with “tenant” on
   25  the progress docket if any of the following conditions are
   26  satisfied:
   27         (a) The parties file a joint stipulation requesting relief
   28  under this section.
   29         (b) The case was dismissed.
   30         (c) The case was resolved by settlement or stipulation of
   31  the parties and the defendant has complied with the terms of the
   32  agreement.
   33         (d) A default judgment was entered against the defendant,
   34  and the defendant has satisfied any monetary award included in
   35  the judgment.
   36         (e) A judgment was entered against the defendant on the
   37  merits at least 5 years before the motion was filed under this
   38  subsection, and the tenant has satisfied any monetary award
   39  included in the judgment.
   40         (2)(a) The court shall grant such motion without a hearing
   41  if the requirements in paragraph (1)(a) or paragraph (1)(b) are
   42  satisfied.
   43         (b) If the defendant files a motion on the basis of
   44  paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being
   45  satisfied, the defendant must also serve a copy of the motion on
   46  all parties to the proceeding. If a written objection is filed
   47  within 30 days after such service, the court must schedule a
   48  hearing. If no written objection is filed within 30 days after
   49  service of the motion or the court determines after a hearing
   50  that the defendant is eligible for relief, the court must grant
   51  the motion.
   52         (3) In an eviction proceeding under this part or s.
   53  723.061, the court must substitute a defendant’s name on the
   54  progress docket with “tenant” if a judgment is entered in favor
   55  of the defendant.
   56         (4) The court may not charge a fee as a result of a
   57  defendant filing a motion under this section.
   58         (5) This section applies to any judgment entered before,
   59  on, or after July 1, 2021.
   60         Section 2. This act shall take effect July 1, 2021.