HB 1131 2022
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hb1131-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to court records of eviction 2
proceedings; creating s. 83.626, F.S.; authorizing 3
tenants and mobile home owners who are defendants in 4
certain eviction proceedings to file a motion with the 5
court to have the records of such proceedings sealed 6
and to have their names substituted on the progress 7
docket under certain conditions; providing 8
applicability; requiring the court to grant such 9
motions if certain requirements are met; authorizing 10
that such relief be granted only once; requiring 11
tenants and mobile home owners to submit a specified 12
sworn statement under penalty of perjury with their 13
motion; requiring the court to substitute a 14
defendant's name on the progress docket if a judgment 15
is entered in favor of the defendant; providing 16
exceptions; providing retroactive applicability; 17
providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 83.626 , Florida Statutes, is created to 22
read: 23
83.626 Court records of eviction proceedings. — 24
(1) A tenant or mobile home owner who is a defendant in an 25
HB 1131 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
eviction proceeding under this part or s. 723.061 may file a 26
motion with the court to have the records of such proceeding 27
sealed and to have his or her name substituted with "tenant" on 28
the progress docket if any of the following conditions are 29
satisfied: 30
(a) The parties file a joint stipulation requesting relief 31
under this section. 32
(b) The case was dismis sed. 33
(c) The case was resolved by settlement or stipulation of 34
the parties and the defendant has complied with the terms of the 35
agreement. 36
(d) A default judgment was entered against the defendant 37
and the defendant has satisfied any monetary award inclu ded in 38
the judgment. This paragraph does not apply if the action was 39
brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for 40
material noncompliance, other than nonpayment of rent, because 41
of the tenant's intentional destruction, damage, or misuse of 42
the landlord's property. 43
(e) A judgment was entered against the defendant on the 44
merits at least 5 years before the motion was filed under this 45
subsection and the defendant has satisfied any monetary award 46
included in the judgment. This paragraph does not apply if the 47
action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 48
(c) for material noncompliance, other than nonpayment of rent, 49
because of the tenant's intentional destruction, damage, or 50
HB 1131 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
misuse of the landlord's property. 51
(2)(a) The court sha ll grant such motion without a hearing 52
if the requirements in paragraph (1)(a) or paragraph (1)(b) are 53
satisfied. 54
(b) If the defendant files a motion on the basis of 55
paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 56
satisfied, the defendant m ust also serve a copy of the motion on 57
all parties to the proceeding. If a written objection is filed 58
within 30 days after such service, the court must schedule a 59
hearing. If no written objection is filed within 30 days after 60
service of the motion, or the court determines after a hearing 61
that the defendant is eligible for relief, the court must grant 62
the motion. 63
(3) A tenant or mobile home owner is entitled to relief 64
under subsection (2) only once. When a tenant or mobile home 65
owner files a motion under s ubsection (1), he or she must also 66
submit a sworn statement under penalty of perjury affirming that 67
he or she has not previously received such relief from a court 68
in the state. 69
(4) In an eviction proceeding under this part or s. 70
723.061, the court must s ubstitute a defendant's name on the 71
progress docket with "tenant" if a judgment is entered in favor 72
of the defendant. 73
(5) A defendant is not eligible for relief under this 74
section if: 75
HB 1131 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) During any 12-month period, the defendant has had a 76
judgment entered against him or her in two or more eviction 77
proceedings; or 78
(b) During any 24-month period, the defendant has had a 79
judgment entered against him or her in three or more eviction 80
proceedings. 81
(6) This section applies to any judgment entered befor e, 82
on, or after July 1, 2022. 83
Section 2. This act shall take effect July 1, 2022. 84