Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1062 Ì540526$Î540526 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/22/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Powell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (k) is added to subsection (1) of 6 section 119.0714, Florida Statutes, to read: 7 119.0714 Court files; court records; official records.— 8 (1) COURT FILES.—Nothing in this chapter shall be construed 9 to exempt from s. 119.07(1) a public record that was made a part 10 of a court file and that is not specifically closed by order of 11 court, except: 12 (k)1. A petition, and the contents thereof, for an 13 injunction for protection against domestic violence, repeat 14 violence, dating violence, sexual violence, stalking, or 15 cyberstalking which is dismissed without a hearing, dismissed at 16 an ex parte hearing due to failure to state a claim or lack of 17 jurisdiction, or dismissed for any reason having to do with the 18 sufficiency of the petition itself without an injunction being 19 issued on or after July 1, 2017, is exempt from s. 119.07(1) and 20 s. 24(a), Art. I of the State Constitution. 21 2. A petition, and the contents thereof, for an injunction 22 for protection against domestic violence, repeat violence, 23 dating violence, sexual violence, stalking, or cyberstalking 24 which is dismissed without a hearing, dismissed at an ex parte 25 hearing due to failure to state a claim or lack of jurisdiction, 26 or dismissed for any reason having to do with the sufficiency of 27 the petition itself without an injunction being issued before 28 July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I 29 of the State Constitution only upon request by an individual 30 named in the petition as a respondent. The request must be in 31 the form of a signed, legibly written request specifying the 32 case name, case number, document heading, and page number. The 33 request must be delivered by mail, facsimile, or electronic 34 transmission or in person to the clerk of the court. A fee may 35 not be charged for such request. 36 Section 2. The Legislature finds that it is a public 37 necessity that a petition, and the contents thereof, for an 38 injunction for protection against domestic violence, repeat 39 violence, dating violence, sexual violence, stalking, or 40 cyberstalking which is dismissed without a hearing, dismissed at 41 an ex parte hearing due to failure to state a claim or lack of 42 jurisdiction, or dismissed for any reason having to do with the 43 sufficiency of the petition itself without an injunction being 44 issued be made exempt from s. 119.07(1), Florida Statutes, and 45 s. 24(a), Article I of the State Constitution. The Legislature 46 finds that the existence of, and the unverified allegations 47 contained in, such a petition may be defamatory to an individual 48 named in it and cause unwarranted damage to the reputation of 49 such individual. The Legislature further finds that removing 50 such a record from public disclosure is the sole means of 51 protecting the reputation of such an individual. 52 Section 3. This act shall take effect July 1, 2017. 53 54 ================= T I T L E A M E N D M E N T ================ 55 And the title is amended as follows: 56 Delete everything before the enacting clause 57 and insert: 58 A bill to be entitled 59 An act relating to public records; amending s. 60 119.0714, F.S.; providing an exemption from public 61 records requirements for petitions, and the contents 62 thereof, for injunctions for protection against 63 domestic violence, repeat violence, dating violence, 64 sexual violence, stalking, or cyberstalking which are 65 dismissed in certain circumstances; providing a 66 statement of public necessity; providing an effective 67 date.