Florida Senate - 2013               CS for CS for CS for SB 1734
       
       
       
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Criminal Justice; and Senator Flores
       
       
       
       595-04602-13                                          20131734c3
    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 an exception, providing for
    7         future legislative review and repeal of the exemption
    8         under the Open Government Sunset Review Act; providing
    9         a statement of public necessity; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (9) of section 943.0583, Florida
   15  Statutes, is created to read:
   16         943.0583 Human trafficking victim expunction.—
   17         (9)(a) A criminal history record ordered expunged under
   18  this section that is retained by the department is confidential
   19  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   20  Constitution, except that the record shall be made available to
   21  criminal justice agencies for their respective criminal justice
   22  purposes. Otherwise, such record shall not be disclosed to any
   23  person or entity except upon order of a court of competent
   24  jurisdiction. A criminal justice agency may retain a notation
   25  indicating compliance with an order to expunge.
   26         (b) This subsection is subject to the Open Government
   27  Sunset Review Act in accordance with s. 119.15 and shall stand
   28  repealed on October 2, 2018, unless reviewed and saved from
   29  repeal through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that a criminal history record ordered expunged under
   32  s. 943.0583, Florida Statutes, that is retained by the
   33  Department of Law Enforcement be made confidential and exempt
   34  from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
   35  State Constitution. Persons who are victims of human trafficking
   36  and who have been convicted of crimes committed at the behest of
   37  their traffickers are themselves victims of crimes. Such victims
   38  face barriers to employment and other life opportunities as long
   39  as these criminal convictions remain on record and accessible to
   40  potential employers and others. It is necessary that these
   41  records be made confidential in order for human trafficking
   42  victims to have the chance to rebuild their lives and reenter
   43  society.
   44         Section 3. This act shall take effect on the same date that
   45  SB 1644 or similar legislation takes effect, if such legislation
   46  is adopted in the same legislative session or an extension
   47  thereof and becomes law.
   48         Section 4. This act shall take effect July 1, 2013.