New exemptions to the public record requirements which took effect on July 1, 2017 was recently created by the Florida Legislature. Pursuant to 119.0714(k)(1), a petition, and the contents thereof, for an injunction for protection against repeat violence, dating violence, domestic violence, sexual violence, stalking, or cyberstalking is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if, on or after July 1, 2017, if the injunction is:
- dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued.
- dismissed without a hearing.
- dismissed at an ex parte hearing due to lack of jurisdiction or failure to state a claim.
Pursuant to 119.0714(2), when a petition, and the contents thereof, for an injunction for protection against sexual violence, stalking, cyberstalking, domestic violence, repeat violence, or dating violence that was not issued before July 1, 2017, is exempted from s. 119.07(1) and s. 24(a), Art. I of the State Constitution only upon request by an individual named in the petition as a respondent if the injunction is:
- dismissed without a hearing;
- dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction; or
- dismissed for any reason having to do with the sufficiency of the petition itself.
The request must be in the form of a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court. A fee may not be charged for such request.