| 1 | A bill to be entitled |
| 2 | An act relating to public records exemptions; amending s. |
| 3 | 943.053, F.S.; making confidential and exempt from public |
| 4 | records requirements certain criminal history records |
| 5 | relating to minors; providing for the release of such |
| 6 | records in certain circumstances; providing for future |
| 7 | review and repeal; providing a statement of public |
| 8 | necessity; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (a) of subsection (3) of section |
| 13 | 943.053, Florida Statutes, is amended to read: |
| 14 | 943.053 Dissemination of criminal justice information; |
| 15 | fees.-- |
| 16 | (3)(a)1. Criminal history information, including |
| 17 | information relating to minors, compiled by the Criminal Justice |
| 18 | Information Program from intrastate sources shall be available |
| 19 | on a priority basis to criminal justice agencies for criminal |
| 20 | justice purposes free of charge. After providing the program |
| 21 | with all known identifying information, persons in the private |
| 22 | sector and noncriminal justice agencies may be provided criminal |
| 23 | history information upon tender of fees as established in this |
| 24 | subsection and in the manner prescribed by rule of the |
| 25 | Department of Law Enforcement. Such fees are to offset the cost |
| 26 | of producing the record information, including the total cost of |
| 27 | creating, storing, maintaining, updating, retrieving, improving, |
| 28 | and providing criminal history information in a centralized, |
| 29 | automated database, including personnel, technology, and |
| 30 | infrastructure expenses. Any access to criminal history |
| 31 | information by the private sector or noncriminal justice |
| 32 | agencies as provided in this subsection shall be assessed |
| 33 | without regard to the quantity or category of criminal history |
| 34 | record information requested. Fees may be waived or reduced by |
| 35 | the executive director of the Department of Law Enforcement for |
| 36 | good cause shown. |
| 37 | 2.a. The criminal history record of a minor compiled by |
| 38 | the Criminal Justice Information Program from intrastate sources |
| 39 | is confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 40 | I of the State Constitution, unless that minor is at any time |
| 41 | arrested for, or found to have committed, regardless of |
| 42 | adjudication, a felony offense, or is at any time arrested for, |
| 43 | or found to have committed, regardless of adjudication, a |
| 44 | misdemeanor offense after having been arrested for, or found to |
| 45 | have committed, regardless of adjudication, misdemeanor offenses |
| 46 | on at least three prior occasions. In the event of any such |
| 47 | arrest or finding, the confidentiality and exemption provided by |
| 48 | this subparagraph shall not apply to any portion of the criminal |
| 49 | history record of the minor. The removal of this confidentiality |
| 50 | and exemption shall have no effect on any other exemption from |
| 51 | disclosure that may otherwise be provided by law. Records made |
| 52 | confidential and exempt by this subparagraph may be disclosed to |
| 53 | those persons and entities authorized in s. 943.059(4) to |
| 54 | receive sealed criminal history records, to each judge in the |
| 55 | state courts system for the purpose of assisting judges in their |
| 56 | case-related decisionmaking responsibilities, to private |
| 57 | contractors authorized in subsections (8), (9), and (10) to |
| 58 | receive sealed criminal history records as specified therein, |
| 59 | and to those persons and entities authorized in s. 985.04(1) to |
| 60 | receive information obtained under chapter 985. |
| 61 | b. This subparagraph is subject to the Open Government |
| 62 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 63 | repealed on October 2, 2014, unless reviewed and saved from |
| 64 | repeal through reenactment by the Legislature. |
| 65 | Section 2. The Legislature finds that it is a public |
| 66 | necessity that criminal history records of minors who have not |
| 67 | been arrested for, or been found to have committed, regardless |
| 68 | of adjudication, a felony offense, be made confidential and |
| 69 | exempt from public records requirements. Youth are often denied |
| 70 | employment and other life and career opportunities as a result |
| 71 | of mistakes made during adolescence. These offenses can have |
| 72 | short-term and long-term consequences, becoming serious |
| 73 | impediments to employment, education, and other socially |
| 74 | productive and meaningful pursuits, whether at the time they |
| 75 | enter adulthood or at some other critical life juncture years |
| 76 | after the arrest or conviction. |
| 77 | Section 3. This act shall take effect January 1, 2009. |