Florida Senate - 2025                                    SB 1790
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-00180A-25                                          20251790__
    1                        A bill to be entitled                      
    2         An act relating to court records of eviction
    3         proceedings; creating s. 83.626, F.S.; authorizing
    4         persons who are defendants in certain eviction
    5         proceedings to file a motion with the court to have
    6         the records of such proceedings sealed and to have
    7         their names substituted on the progress docket under
    8         certain conditions; providing that certain persons are
    9         ineligible for such relief; requiring persons seeking
   10         such relief to serve a copy of the motion on parties
   11         to the proceeding and file a specified affidavit with
   12         the court; requiring the court to schedule a hearing
   13         under certain circumstances; requiring the court to
   14         grant relief if certain requirements are met;
   15         specifying that such persons are entitled to have
   16         their name substituted on the progress docket under
   17         certain circumstances; prohibiting the court from
   18         charging certain fees; providing retroactive
   19         applicability; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 83.626, Florida Statutes, is created to
   24  read:
   25         83.626Court records of eviction proceedings.—
   26         (1)(a)A person who is a defendant in an eviction
   27  proceeding for nonpayment of rent under this part or nonpayment
   28  of the lot rental amount under s. 723.061 may file a motion with
   29  the court to have the records of such proceeding sealed and to
   30  have his or her name substituted with “tenant” on the progress
   31  docket if any of the following conditions is satisfied:
   32         1.The case was resolved by settlement or stipulation of
   33  the parties, and the person has complied with the terms of the
   34  agreement.
   35         2.A default judgment was entered against the person, and
   36  he or she has satisfied any monetary award included in the
   37  judgment.
   38         3.A judgment was entered against the person on the merits,
   39  at least 5 years have passed from the date of entry of the
   40  judgment, and the person has satisfied any monetary award
   41  included in the judgment.
   42         4.A judgment was entered against the person on the merits,
   43  and at least 10 years have passed from the date of entry of the
   44  judgment.
   45         (b)A person is ineligible for relief under paragraph (a)
   46  if he or she has been evicted more than once.
   47         (2)A person seeking relief under subsection (1) must serve
   48  a copy of the motion upon all parties to the proceeding and must
   49  file an affidavit with the court attesting that he or she is not
   50  ineligible for such relief under paragraph (1)(b). The court
   51  must schedule a hearing if a written objection is filed within
   52  30 days after serving the motion. If no such objection is timely
   53  filed, the court must grant the relief without a hearing. If a
   54  timely objection is filed and the court, after a hearing,
   55  determines that the person is eligible for relief, the court
   56  must grant the relief.
   57         (3)In an eviction proceeding for nonpayment of rent under
   58  this part or for nonpayment of the lot rental amount under s.
   59  723.061, if judgment is entered in favor of the person being
   60  evicted or if the parties file a joint stipulation requesting
   61  relief under this section, the person being evicted is entitled
   62  to the substitution of his or her name with “tenant” on the
   63  progress docket without any further motion or hearing thereon.
   64         (4)The court may not charge a filing or reopening fee for
   65  motions filed pursuant to this section.
   66         (5)This section applies to any judgment entered before,
   67  on, or after July 1, 2025.
   68         Section 2. This act shall take effect July 1, 2025.