Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 832

480094

CHAMBER ACTION

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repealed on October 2, 2013, unless reviewed and saved from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.