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.