Florida Senate - 2013                      CS for CS for SB 1734
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Flores
       
       
       
       585-04021-13                                          20131734c2
    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.; providing for future legislative
    7         review and repeal of the exemption under the Open
    8         Government Sunset Review Act; providing a statement of
    9         public necessity; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (9) of section 943.0583, Florida
   14  Statutes, is created to read:
   15         943.0583 Human trafficking victim expunction.—
   16         (9)(a) A criminal history record ordered expunged under
   17  this section that is retained by the department is confidential
   18  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution and shall not be disclosed to any person or entity
   20  except upon order of a court of competent jurisdiction. A
   21  criminal justice agency may retain a notation indicating
   22  compliance with an order to expunge.
   23         (b) This subsection is subject to the Open Government
   24  Sunset Review Act in accordance with s. 119.15 and shall stand
   25  repealed on October 2, 2018, unless reviewed and saved from
   26  repeal through reenactment by the Legislature.
   27         Section 2. The Legislature finds that it is a public
   28  necessity that a criminal history record ordered expunged under
   29  s. 943.0583, Florida Statutes, that is retained by the
   30  Department of Law Enforcement be made confidential and exempt
   31  from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
   32  State Constitution. Persons who are victims of human trafficking
   33  and who have been convicted of crimes committed at the behest of
   34  their traffickers are themselves victims of crimes. Such victims
   35  face barriers to employment and other life opportunities as long
   36  as these criminal convictions remain on record and accessible to
   37  potential employers and others. It is necessary that these
   38  records be made confidential in order for human trafficking
   39  victims to have the chance to rebuild their lives and reenter
   40  society.
   41         Section 3. This act shall take effect on the same date that
   42  SB 1644 or similar legislation takes effect, if such legislation
   43  is adopted in the same legislative session or an extension
   44  thereof and becomes law.
   45         Section 4. This act shall take effect July 1, 2013.