Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 832
480094
Senate
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House
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The Committee on Criminal Justice (Dockery) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Section 943.0531, Florida Statutes, is created
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to read:
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943.0531 Confidentiality of certain criminal history
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records of minors.--
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Criminal history information of a minor regarding a misdemeanor
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offense, regardless of adjudication, is confidential and exempt
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from s. 119.071(1) and s. 24(a), Art. I of the State
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Constitution, unless that minor has been arrested for, or found
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to have committed, regardless of adjudication, a felony offense.
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This information shall only be available to the person who is
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the subject of the record, to the subject's attorney, to
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criminal justice agencies, and to those entities set forth in
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subparagraphs (a)1., 4., 5., 6., and 8.of s. 943.059(4) for
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their respective licensing, access authorization, and employment
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purposes.
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Section 2. This section is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15, and shall stand
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repealed on October 2, 2013, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Section 3. The Legislature finds a public necessity in
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protecting the criminal history record of minors regarding a
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misdemeanor offense, regardless of adjudication, unless that
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minor has been arrested for, or found to have committed,
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regardless of adjudication, a felony offense. The Legislature
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finds that it is a public necessity to make confidential and
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exempt from disclosure, except to certain enumerated entities,
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the criminal history records of minors regarding a misdemeanor
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offense, unless such minor has been arrested for or found to
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have committed, regardless of adjudication, a felony offense.
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The Legislature finds that is a public necessity to only
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disclose such criminal history record information to the
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following entities: the person who is the subject of the record,
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the subject's attorney, criminal justice agencies, and those
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entities set forth in subparagraphs (a)1., 4., 5., 6., and 8.,
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of s. 943.059(4) for their respective licensing, access
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authorization, and employment purposes. The Legislature further
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finds that the release of this information to other persons
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besides those enumerated above will significantly harm Florida
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youth who are often denied employment and other future
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opportunities because of mistakes made in their earlier years.
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This exemption is not intended to affect the right of a victim
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of a misdemeanor offense to obtain a copy of an applicable
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offense report, as provided under current law.
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Section 4. This act shall take effect January 1, 2009.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to public records; creating s. 943.0531,
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F.S.; creating a public records exemption for certain
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juvenile misdemeanor criminal history records; providing
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access to certain enumerated entities; providing an
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effective date.
3/17/2008 8:18:00 AM CJ.CJ.05019
CODING: Words stricken are deletions; words underlined are additions.