THE BILL ITSELF
HB 549
Pub. Rec./Injunctions for Protection in Cases of Repeat or Serious Violence
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A bill to be entitled
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An act relating to public records; amending s.
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119.0714, F.S.; providing an exemption from public
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records requirements for petitions, and the contents
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thereof, for injunctions for protection against
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serious violence by a known person; providing an
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exemption from public records requirements for
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information that can be used to identify a petitioner
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or respondent in such a petition for an injunction;
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providing a statement of public necessity; providing a
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contingent effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (k) of subsection (1) of section
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119.0714, Florida Statutes, is amended to read:
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119.0714 Court files; court records; official records.—
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(1) COURT FILES.—Nothing in this chapter shall be
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construed to exempt from s. 119.07(1) a public record that was
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made a part of a court file and that is not specifically closed
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by order of court, except:
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(k)1. A petition, and the contents thereof, for an
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injunction for protection against domestic violence, repeat
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violence, dating violence, sexual violence, serious violence by
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a known person, stalking, or cyberstalking which that is
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dismissed without a hearing, dismissed at an ex parte hearing
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due to failure to state a claim or lack of jurisdiction, or
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dismissed for any reason having to do with the sufficiency of
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the petition itself without an injunction being issued on or
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after July 1, 2017, is exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution.
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2. A petition, and the contents thereof, for an injunction
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for protection against domestic violence, repeat violence,
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dating violence, sexual violence, stalking, or cyberstalking
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which that is dismissed without a hearing, dismissed at an ex
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parte hearing due to failure to state a claim or lack of
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jurisdiction, or dismissed for any reason having to do with the
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sufficiency of the petition itself without an injunction being
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issued before July 1, 2017, is exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution only upon request by an
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individual named in the petition as a respondent. The request
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must be in the form of a signed, legibly written request
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specifying the case name, case number, document heading, and
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page number. The request must be delivered by mail, facsimile,
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or electronic transmission or in person to the clerk of the
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court. A fee may not be charged for such request.
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3. Any information that can be used to identify a
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petitioner or respondent in a petition for an injunction against
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domestic violence, repeat violence, dating violence, sexual
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violence, serious violence by a known person, stalking, or
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cyberstalking, and any affidavits, notice of hearing, and
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temporary injunction, is confidential and exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution until
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the respondent has been personally served with a copy of the
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petition for injunction, affidavits, notice of hearing, and
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temporary injunction.
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Section 2. (1) The Legislature finds that it is a public
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necessity that a petition, and the contents thereof, for an
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injunction for protection against serious violence by a known
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person which is dismissed without a hearing, dismissed at an ex
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parte hearing due to failure to state a claim or lack of
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jurisdiction, or dismissed for any reason having to do with the
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sufficiency of the petition itself without an injunction being
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issued be made exempt from s. 119.07(1), Florida Statutes, and
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s. 24(a), Article I of the State Constitution. The Legislature
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finds that the existence of, and the unverified allegations
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contained in, such a petition may be defamatory to an individual
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named in it and cause unwarranted damage to the reputation of
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such individual. The Legislature further finds that removing
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such a record from public disclosure is the sole means of
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protecting the reputation of such an individual.
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(2) Additionally, the Legislature finds that it is a
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public necessity that any information that can be used to
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identify a petitioner or respondent in a petition for an
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injunction against serious violence by a known person, and any
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affidavits, notice of hearing, and temporary injunction, be made
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confidential and exempt from s. 119.07(1), Florida Statutes, and
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s. 24(a), Article I of the State Constitution. The release of
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such information before the respondent has been personally
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served with a copy of the petition, affidavits, notice of
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hearing, or temporary injunction could significantly threaten
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the physical safety and security of persons seeking protection
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through injunctive proceedings and their families, and of law
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enforcement tasked with serving the petition for injunction,
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affidavits, notice of hearing, or temporary injunction on the
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respondent. The harm that may result from the release of the
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information outweighs any public benefit that might result from
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public disclosure of the information.
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Section 3. This act shall take effect on the same date
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that HB 547 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.