Gov. DeSantis signs measure shielding some court documents from public records requests

Starting next month, certain court records won’t be subject to public disclosure under Florida’s “Sunshine Law.”

Gov. Ron DeSantis has signed SB 1652, which would exempt court documents in noncriminal cases from state disclosure requirements if they were stricken by the court.

The exemption applies to “any matter” contained in a pleading, request for relief or other noncriminal document only if a court determines them to be “immaterial, impertinent, or (a) sham,” or if it would defame or unjustly harm someone’s name, reputation or safety.

The measure, sponsored by Fort Pierce Republican Sen. Erin Grall and Republican Reps. Tom Fabricio of Miami Lakes, Chad Johnson of Chiefland and Judson Sapp of Green Cove Springs, passed unanimously in both chambers in April.

It has a built-in expiration date of Oct. 1, 2030, unless the Legislature extends it.

According to its sponsors, SB 1652 is meant to address court documents and statements by “vexatious litigants” — people who file meritless, scandalous lawsuits to damage another person’s, or entity’s, reputation. Accordingly, its scope is narrow, applying only to court-stricken material.

“Without a public records exemption, such stricken matters will remain publicly accessible in a court file,” Johnson said in a statement.

“The litigation privilege shields false and inflammatory allegations in a court record from defamation liability if they bear any relation to a lawsuit. As a result, litigants have little deterrent from making harmful allegations that remain publicly accessible long after litigation ends. This bill is narrowly tailored to protect litigants and third parties while preserving public access to court records. It ensures that court records serve justice rather than be misused as a vehicle for defamation or other harm.”

Sapp described SB 1652 and its House analog (HB 1559) as being aimed at some of the “worst offenders” of litigious misconduct.

“They are crowding our courts and raising the cost of doing business in Florida,” he said in a statement.

SB 1562 is one of several court-focused measures lawmakers approved this year to shield court documents from public eyes. Another (SB 268) by Miami Gardens Democratic Sen. Shevrin Jones and Republican Reps. Susan Valdés of Tampa and Wyman Duggan of Jacksonville that awaits DeSantis’ signature would make the addresses and phone numbers of elected officials private.

Applicants for housing assistance programs would enjoy similar protections under a bill (SB 7004) DeSantis signed May 16.