Florida Senate - 2025 SB 1790
By Senator Pizzo
37-00180A-25 20251790__
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 persons who are defendants in certain eviction
5 proceedings to file a motion with the court to have
6 the records of such proceedings sealed and to have
7 their names substituted on the progress docket under
8 certain conditions; providing that certain persons are
9 ineligible for such relief; requiring persons seeking
10 such relief to serve a copy of the motion on parties
11 to the proceeding and file a specified affidavit with
12 the court; requiring the court to schedule a hearing
13 under certain circumstances; requiring the court to
14 grant relief if certain requirements are met;
15 specifying that such persons are entitled to have
16 their name substituted on the progress docket under
17 certain circumstances; prohibiting the court from
18 charging certain fees; providing retroactive
19 applicability; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 83.626, Florida Statutes, is created to
24 read:
25 83.626 Court records of eviction proceedings.—
26 (1)(a) A person who is a defendant in an eviction
27 proceeding for nonpayment of rent under this part or nonpayment
28 of the lot rental amount under s. 723.061 may file a motion with
29 the court to have the records of such proceeding sealed and to
30 have his or her name substituted with “tenant” on the progress
31 docket if any of the following conditions is satisfied:
32 1. The case was resolved by settlement or stipulation of
33 the parties, and the person has complied with the terms of the
34 agreement.
35 2. A default judgment was entered against the person, and
36 he or she has satisfied any monetary award included in the
37 judgment.
38 3. A judgment was entered against the person on the merits,
39 at least 5 years have passed from the date of entry of the
40 judgment, and the person has satisfied any monetary award
41 included in the judgment.
42 4. A judgment was entered against the person on the merits,
43 and at least 10 years have passed from the date of entry of the
44 judgment.
45 (b) A person is ineligible for relief under paragraph (a)
46 if he or she has been evicted more than once.
47 (2) A person seeking relief under subsection (1) must serve
48 a copy of the motion upon all parties to the proceeding and must
49 file an affidavit with the court attesting that he or she is not
50 ineligible for such relief under paragraph (1)(b). The court
51 must schedule a hearing if a written objection is filed within
52 30 days after serving the motion. If no such objection is timely
53 filed, the court must grant the relief without a hearing. If a
54 timely objection is filed and the court, after a hearing,
55 determines that the person is eligible for relief, the court
56 must 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 person being
60 evicted or if the parties file a joint stipulation requesting
61 relief under this section, the person being evicted is entitled
62 to the substitution of his or her name with “tenant” on the
63 progress docket without any further motion or hearing thereon.
64 (4) The court may not charge a filing or reopening fee for
65 motions filed pursuant to this section.
66 (5) This section applies to any judgment entered before,
67 on, or after July 1, 2025.
68 Section 2. This act shall take effect July 1, 2025.