Florida Senate - 2026                                    SB 1530
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01617-26                                           20261530__
    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 all
   11         parties to the proceeding and file a specified
   12         affidavit with the court; requiring the court to
   13         schedule a hearing under certain circumstances;
   14         requiring the court to grant relief if certain
   15         requirements are met; specifying that such persons are
   16         entitled to have their name substituted on the
   17         progress docket under certain circumstances;
   18         prohibiting the court from charging certain fees;
   19         providing retroactive applicability; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 83.626, Florida Statutes, is created to
   25  read:
   26         83.626Court records of eviction proceedings.—
   27         (1)(a)A person who is a defendant in an eviction
   28  proceeding for nonpayment of rent under this part or nonpayment
   29  of the lot rental amount under s. 723.061 may file a motion with
   30  the court to have the records of such proceeding sealed and to
   31  have his or her name substituted with “tenant” on the progress
   32  docket if any of the following conditions is satisfied:
   33         1.The case was resolved by settlement or stipulation of
   34  the parties, and the person has complied with the terms of the
   35  agreement.
   36         2.A default judgment was entered against the person, and
   37  he or she has satisfied any monetary award included in the
   38  judgment.
   39         3.A judgment was entered against the person on the merits,
   40  at least 5 years have passed from the date of entry of the
   41  judgment, and the person has satisfied any monetary award
   42  included in the judgment.
   43         4.A judgment was entered against the person on the merits,
   44  and at least 10 years have passed from the date of entry of the
   45  judgment.
   46         (b)A person is ineligible for relief under paragraph (a)
   47  if he or she has been evicted more than once.
   48         (2)A person seeking relief under subsection (1) must serve
   49  a copy of the motion on all parties to the proceeding and must
   50  file an affidavit with the court attesting that he or she is not
   51  ineligible for such relief under paragraph (1)(b). The court
   52  must schedule a hearing if a written objection is filed within
   53  30 days after the person serves the motion. If no such objection
   54  is timely filed, the court must grant the relief without a
   55  hearing. If a timely objection is filed and the court, after a
   56  hearing, determines that the person is eligible for relief, the
   57  court must grant the relief.
   58         (3)In an eviction proceeding for nonpayment of rent under
   59  this part or for nonpayment of the lot rental amount under s.
   60  723.061, if judgment is entered in favor of the person being
   61  evicted or if the parties file a joint stipulation requesting
   62  relief under this section, the person being evicted is entitled
   63  to the substitution of his or her name with “tenant” on the
   64  progress docket without any further motion or hearing thereon.
   65         (4)The court may not charge a filing or reopening fee for
   66  motions filed pursuant to this section.
   67         (5)This section applies to any judgment entered before,
   68  on, or after July 1, 2026.
   69         Section 2. This act shall take effect July 1, 2026.