Florida Senate - 2017 SB 1062 By Senator Powell 30-00972-17 20171062__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.0714, F.S.; providing an exemption from public 4 records requirements for petitions, and the contents 5 thereof, for certain protective injunctions that are 6 dismissed in certain circumstances; requiring the 7 removal of petitions dismissed before, on, or after a 8 specified date from publicly accessible records; 9 providing for future legislative review and repeal of 10 the exemption; providing a statement of public 11 necessity; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (k) is added to subsection (1) of 16 section 119.0714, Florida Statutes, to read: 17 119.0714 Court files; court records; official records.— 18 (1) COURT FILES.—Nothing in this chapter shall be construed 19 to exempt from s. 119.07(1) a public record that was made a part 20 of a court file and that is not specifically closed by order of 21 court, except: 22 (k)1. A petition, and the contents thereof, for an 23 injunction for protection against domestic violence, repeat 24 violence, dating violence, sexual violence, stalking, or 25 cyberstalking which is dismissed without a hearing or at an ex 26 parte hearing due to failure to state a claim, lack of 27 jurisdiction, or any reason having to do with the sufficiency of 28 the petition itself without an injunction being issued. 29 2.a. A petition, and the contents thereof, described in 30 subparagraph 1. which is dismissed on or after July 1, 2017, 31 must be removed from all publicly accessible records upon 32 dismissal. 33 b. A petition, and the contents thereof, described in 34 subparagraph 1. which are dismissed before July 1, 2017, shall 35 be removed upon request by an individual named in the petition 36 as a respondent. The request must be in the form of a signed, 37 legibly written request specifying the case name, case number, 38 document heading, and page number. The request must be delivered 39 by mail, facsimile, or electronic transmission or in person to 40 the clerk of the court. A fee may not be charged for such 41 removal. 42 3. This paragraph is subject to the Open Government Sunset 43 Review Act in accordance with s. 119.15 and shall stand repealed 44 on October 2, 2022, unless reviewed and saved from repeal 45 through reenactment by the Legislature. 46 Section 2. The Legislature finds that it is a public 47 necessity that a petition, and the contents thereof, for an 48 injunction for protection against domestic violence, repeat 49 violence, dating violence, sexual violence, stalking, or 50 cyberstalking which is dismissed without a hearing or at an ex 51 parte hearing due to failure to state a claim, lack of 52 jurisdiction, or any reason having to do with the sufficiency of 53 the petition itself without an injunction being issued be made 54 confidential and exempt from s. 119.07(1), Florida Statutes, and 55 s. 24(a), Article I of the State Constitution. The Legislature 56 finds that the existence of, and the unverified allegations 57 contained in, such a petition may be defamatory to an individual 58 named in it and cause unwarranted damage to the reputation of 59 such individual. The Legislature further finds that correction 60 of the public record by the removal of such a petition, and the 61 contents thereof, is the sole means of protecting the reputation 62 of such individual. 63 Section 3. This act shall take effect July 1, 2017.