Florida Senate - 2021                             CS for SB 1974
       
       
        
       By the Committee on Criminal Justice; and Senator Pizzo
       
       
       
       
       
       591-03254-21                                          20211974c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         741.301, F.S.; providing that all pleadings and
    4         documents related to a petition domestic violence
    5         injunction that have been ordered to be sealed are
    6         confidential and exempt from public records
    7         requirements; providing for future legislative review
    8         and repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 741.301, Florida Statutes, as created by
   15  SB 1972, 2021 Regular Session, is amended to read:
   16         741.301 Sealing of domestic violence injunction petitions
   17  not granted.—
   18         (1) A respondent to a petition made under s. 741.30 may
   19  petition the court to seal the petition for injunction and all
   20  records and documents related to it if the petition for
   21  injunction was withdrawn or dismissed or if there was a ruling
   22  in favor of the respondent. A petition for sealing under this
   23  section may be filed at any time.
   24         (2)(a) A petition, records, and documents that have been
   25  ordered sealed under subsection (1) and the petition for sealing
   26  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   27  I of the State Constitution.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15 and shall stand
   30  repealed on October 2, 2026, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity that petitions filed under ss. 741.30 and 741.301,
   34  Florida Statutes, and all records and documents related to the
   35  petitions be made confidential and exempt from s. 119.07(1),
   36  Florida Statutes, and s. 24(a), Article I of the State
   37  Constitution unless the domestic violence petition was granted.
   38  Persons who have been accused of domestic violence face barriers
   39  to employment and other life opportunities, and knowledge that
   40  they were so accused, although no injunction was granted, would
   41  expose them to possible discrimination and public obloquy. It is
   42  necessary that these petitions and related documents be made
   43  confidential and exempt in order for such petitioners to have
   44  the chance to continue their lives without such consequences
   45  when no injunction was ever issued.
   46         Section 3. This act shall take effect on the same date that
   47  SB 1972 or similar legislation takes effect, if such legislation
   48  is adopted in the same legislative session or an extension
   49  thereof and becomes a law.