Florida Senate - 2013 SB 1734 By Senator Flores 37-01689A-13 20131734__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.0583, F.S.; providing an exemption from public 4 records requirements for criminal history records of 5 victims of human trafficking expunged under s. 6 943.0583, F.S., and information relating to the 7 existence of such an expunged criminal history record 8 that is provided in accordance with specified 9 provisions; prohibiting violations relating to certain 10 confidential information; providing criminal 11 penalties; providing for future legislative review and 12 repeal of the exemption under the Open Government 13 Sunset Review Act; providing a statement of public 14 necessity; providing a contingent effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (9) is added to section 943.0583, 19 Florida Statutes, to read: 20 943.0583 Human trafficking victim expunction.— 21 (9)(a) A criminal history record ordered expunged under 22 this section that is retained by the department is confidential 23 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 24 Constitution and shall not be disclosed to any person or entity 25 except upon order of a court of competent jurisdiction. A 26 criminal justice agency may retain a notation indicating 27 compliance with an order to expunge. 28 (b) Information relating to the existence of an expunged 29 criminal history record that is provided in accordance with 30 paragraph (8)(b) is confidential and exempt from s. 119.07(1) 31 and s. 24(a), Art. I of the State Constitution, except that the 32 department shall disclose the existence of a criminal history 33 record ordered expunged to the entities set forth in 34 subparagraphs (8)(b)1., 4., 5., 6., and 7. for their respective 35 licensing, access authorization, and employment purposes, and to 36 criminal justice agencies for their respective criminal justice 37 purposes. It is unlawful for any employee of an entity or 38 contractor set forth in subparagraph (8)(b)1., subparagraph 39 (8)(b)4., subparagraph (8)(b)5., subparagraph (8)(b)6., or 40 subparagraph (8)(b)7. to disclose information relating to the 41 existence of an expunged criminal history record of a person 42 seeking employment, access authorization, or licensure with such 43 entity or contractor, except to the person to whom the criminal 44 history record relates or to persons having direct 45 responsibility for employment, access authorization, or 46 licensure decisions. Any person who violates this paragraph 47 commits a misdemeanor of the first degree, punishable as 48 provided in s. 775.082 or s. 775.083. 49 (c) This subsection is subject to the Open Government 50 Sunset Review Act in accordance with s. 119.15 and shall stand 51 repealed on October 2, 2018, unless reviewed and saved from 52 repeal through reenactment by the Legislature. 53 Section 2. The Legislature finds that it is a public 54 necessity that persons who are victims of human trafficking and 55 who have been convicted of crimes committed at the behest of 56 their traffickers are themselves victims of crimes. Such victims 57 face barriers to employment and other life opportunities as long 58 as these criminal convictions remain on record and accessible to 59 potential employers and others. It is necessary that these 60 records and information concerning these convictions be made 61 confidential in order for human trafficking victims to have the 62 chance to rebuild their lives and reenter society. 63 Section 3. This act shall take effect, on the same date 64 that SB _____ or similar legislation takes effect, if such 65 legislation is adopted in the same legislative session or an 66 extension thereof and becomes law.