Florida 2022 Regular Session

Florida House Bill H1131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1131 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1131-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to court records of eviction 2
16	16	proceedings; creating s. 83.626, F.S.; authorizing 3
17	17	tenants and mobile home owners who are defendants in 4
18	18	certain eviction proceedings to file a motion with the 5
19	19	court to have the records of such proceedings sealed 6
20	20	and to have their names substituted on the progress 7
21	21	docket under certain conditions; providing 8
22	22	applicability; requiring the court to grant such 9
23	23	motions if certain requirements are met; authorizing 10
24	24	that such relief be granted only once; requiring 11
25	25	tenants and mobile home owners to submit a specified 12
26	26	sworn statement under penalty of perjury with their 13
27	27	motion; requiring the court to substitute a 14
28	28	defendant's name on the progress docket if a judgment 15
29	29	is entered in favor of the defendant; providing 16
30	30	exceptions; providing retroactive applicability; 17
31	31	providing an effective date. 18
32	32	19
33	33	Be It Enacted by the Legislature of the State of Florida: 20
34	34	21
35	35	Section 1. Section 83.626 , Florida Statutes, is created to 22
36	36	read: 23
37	37	83.626 Court records of eviction proceedings. — 24
38	38	(1) A tenant or mobile home owner who is a defendant in an 25
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40	40	HB 1131 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1131-00
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47	47	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
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51	51	eviction proceeding under this part or s. 723.061 may file a 26
52	52	motion with the court to have the records of such proceeding 27
53	53	sealed and to have his or her name substituted with "tenant" on 28
54	54	the progress docket if any of the following conditions are 29
55	55	satisfied: 30
56	56	(a) The parties file a joint stipulation requesting relief 31
57	57	under this section. 32
58	58	(b) The case was dismis sed. 33
59	59	(c) The case was resolved by settlement or stipulation of 34
60	60	the parties and the defendant has complied with the terms of the 35
61	61	agreement. 36
62	62	(d) A default judgment was entered against the defendant 37
63	63	and the defendant has satisfied any monetary award inclu ded in 38
64	64	the judgment. This paragraph does not apply if the action was 39
65	65	brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for 40
66	66	material noncompliance, other than nonpayment of rent, because 41
67	67	of the tenant's intentional destruction, damage, or misuse of 42
68	68	the landlord's property. 43
69	69	(e) A judgment was entered against the defendant on the 44
70	70	merits at least 5 years before the motion was filed under this 45
71	71	subsection and the defendant has satisfied any monetary award 46
72	72	included in the judgment. This paragraph does not apply if the 47
73	73	action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 48
74	74	(c) for material noncompliance, other than nonpayment of rent, 49
75	75	because of the tenant's intentional destruction, damage, or 50
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77	77	HB 1131 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1131-00
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84	84	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
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88	88	misuse of the landlord's property. 51
89	89	(2)(a) The court sha ll grant such motion without a hearing 52
90	90	if the requirements in paragraph (1)(a) or paragraph (1)(b) are 53
91	91	satisfied. 54
92	92	(b) If the defendant files a motion on the basis of 55
93	93	paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 56
94	94	satisfied, the defendant m ust also serve a copy of the motion on 57
95	95	all parties to the proceeding. If a written objection is filed 58
96	96	within 30 days after such service, the court must schedule a 59
97	97	hearing. If no written objection is filed within 30 days after 60
98	98	service of the motion, or the court determines after a hearing 61
99	99	that the defendant is eligible for relief, the court must grant 62
100	100	the motion. 63
101	101	(3) A tenant or mobile home owner is entitled to relief 64
102	102	under subsection (2) only once. When a tenant or mobile home 65
103	103	owner files a motion under s ubsection (1), he or she must also 66
104	104	submit a sworn statement under penalty of perjury affirming that 67
105	105	he or she has not previously received such relief from a court 68
106	106	in the state. 69
107	107	(4) In an eviction proceeding under this part or s. 70
108	108	723.061, the court must s ubstitute a defendant's name on the 71
109	109	progress docket with "tenant" if a judgment is entered in favor 72
110	110	of the defendant. 73
111	111	(5) A defendant is not eligible for relief under this 74
112	112	section if: 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	(a) During any 12-month period, the defendant has had a 76
126	126	judgment entered against him or her in two or more eviction 77
127	127	proceedings; or 78
128	128	(b) During any 24-month period, the defendant has had a 79
129	129	judgment entered against him or her in three or more eviction 80
130	130	proceedings. 81
131	131	(6) This section applies to any judgment entered befor e, 82
132	132	on, or after July 1, 2022. 83
133	133	Section 2. This act shall take effect July 1, 2022. 84