Senate Bill 1790 (2025) — Court records of eviction proceedings

SB 1790

Florida Bills

Florida Senate - 2025 SB By Senator Pizzo 37-00180A-25 20251790__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to court records of eviction proceedings; creating s. 83.626, F.S.; authorizing persons who are defendants in certain eviction proceedings to file a motion with the court to have the records of such proceedings sealed and to have their names substituted on the progress docket under certain conditions; providing that certain persons are ineligible for such relief; requiring persons seeking such relief to serve a copy of the motion on parties to the proceeding and file a specified affidavit with the court; requiring the court to

schedule a hearing under certain circumstances; requiring the court to grant relief if certain requirements are met; 14 specifying that such persons are entitled to have their name substituted on the progress docket under certain circumstances; prohibiting the court from charging certain fees; providing retroactive applicability; providing an effective date. 19

Be It Enacted by the Legislature of the State of Florida: 21

Section

Section 83.626, Florida Statutes, is created to read: 24 83.626 Court records of eviction proceedings.— 25 (1)(

a) A person who is a defendant in an eviction proceeding for nonpayment of rent under this part or nonpayment of the lot rental amount under s. 723.061 may file a motion with the court to have the records of such proceeding sealed and to Florida Senate - 2025 SB 1790 37-00180A-25 20251790__ CODING: Words stricken are deletions; words underlined are additions. have his or her name substituted with “tenant” on the progress docket if any of the following conditions is satisfied: 31 1. The case was resolved by settlement or stipulation of the parties, and the person has complied with the terms of the agreement. 34 2.

A default judgment was entered against the person, and he or she has satisfied any monetary award included in the judgment. 37 3. A judgment was entered against the person on the merits, 38 at least years have passed from the date of entry of the judgment, and the person has satisfied any monetary award included in the judgment. 41 4. A judgment was entered against the person on the merits, 42 and at least years have passed from the date of entry of the judgment. 44

(

b) A person is ineligible for relief under paragraph

(a) 45 if he or she has been evicted more than once. 46

(2) A person seeking relief under subsection (1) must serve a copy of the motion upon all parties to the proceeding and must file an affidavit with the court attesting that he or she is not ineligible for such relief under paragraph (1)(b). The court must

schedule a hearing if a written objection is filed within 51 days after serving the motion. If no such objection is timely filed, the court must grant the relief without a hearing. If a timely objection is filed and the court, after a hearing, 54 determines that the person is eligible for relief, the court must grant the relief. 56

(3) In an eviction proceeding for nonpayment of rent under this part or for nonpayment of the lot rental amount under s. 58 Florida Senate - 2025 SB 1790 37-00180A-25 20251790__ CODING: Words stricken are deletions; words underlined are additions. 723.061, if judgment is entered in favor of the person being evicted or if the parties file a joint stipulation requesting relief under this section, the person being evicted is entitled to the substitution of his or her name with “tenant” on the progress docket without any further motion or hearing thereon. 63

(4) The court may not charge a filing or reopening fee for motions filed pursuant to this section. 65

(5) This

section applies to any judgment entered before, 66 on, or after July 1, 2025. 67

Section 2. This act shall take effect July 1, 2025. 68

Document details

CollectionFlorida Bills
CitationSB 1790
Typebill
Languageen
Formatpdf
SourceFL_SENATE
Identifier907df5ca7dff553b5ca87938727e2a5504f6bcf8

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Senate Bill 1790 (2025) — Court records of eviction proceedings

SB 1790

Florida Bills

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