Florida Senate - 2012 SB 1564 By Senator Joyner 18-01088-12 20121564__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 943.05856, F.S.; requiring each criminal justice 4 agency having custody of a criminal history record of 5 a civil rights conviction which is ordered expunged to 6 destroy or obliterate that record; requiring that the 7 Department of Law Enforcement retain a copy of the 8 record; providing that the record is confidential and 9 exempt from the public records law; authorizing the 10 person who is the subject of a civil rights conviction 11 to lawfully deny or fail to acknowledge the arrest and 12 conviction covered by the expunged record; providing 13 exceptions to the confidentiality of an expunged 14 record of a civil rights conviction; providing that a 15 person who has an expunged record of a civil rights 16 conviction does not commit perjury and is not 17 otherwise liable for failing to acknowledge an 18 expunged record; providing criminal penalties for 19 wrongful disclosure of an expunged record of a civil 20 rights conviction; providing for future legislative 21 review and repeal of the exemption under the Open 22 Government Sunset Review Act; providing a statement of 23 public necessity; providing a contingent effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsection (5) is added to section 943.05856, 29 Florida Statutes, as created by SB ____, to read: 30 943.05856 Court-ordered expunction of records of civil 31 rights convictions.— 32 (5)(a) Except as provided in paragraph (b), the criminal 33 history record of a civil rights conviction which is ordered 34 expunged by a court pursuant to this section must be physically 35 destroyed or obliterated by each criminal justice agency that 36 has custody of the record. 37 (b) The department shall retain a copy of each record of a 38 civil rights conviction which is ordered expunged by a court. 39 The record of each civil rights conviction which is ordered 40 expunged but which is retained by the department is confidential 41 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 42 Constitution and may not be made available to any person or 43 entity except upon a court order. A criminal justice agency may 44 retain a notation indicating compliance with an order to 45 expunge. 46 (c) The person who is the subject of the record of a civil 47 rights conviction which is expunged under this section or under 48 other provisions of law may lawfully deny or fail to acknowledge 49 the arrests covered by the expunged record, except if the person 50 is: 51 1. A candidate for employment with a criminal justice 52 agency; 53 2. A defendant in a criminal prosecution; 54 3. A candidate for admission to The Florida Bar; 55 4. Seeking to be employed or licensed by or to contract 56 with the Department of Children and Family Services, the Agency 57 for Health Care Administration, the Agency for Persons with 58 Disabilities, or the Department of Juvenile Justice, or seeking 59 to be employed by a licensee or contractor of any such agency, 60 in a sensitive position having direct contact with children, the 61 developmentally disabled, vulnerable adults, or the elderly as 62 provided in s. 110.1127(3), s. 394.4572(1), s. 397.451, s. 63 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), s. 64 985.644, chapter 400, chapter 429, or chapter 916; 65 5. Seeking to be employed or licensed by the Department of 66 Education, a district school board, a university laboratory 67 school, a charter school, a private or parochial school, or a 68 local governmental entity that licenses child care facilities; 69 or 70 6. Seeking authorization from a seaport listed in s. 311.09 71 for employment within or access to one or more of such seaports 72 pursuant to s. 311.12. 73 (d) Subject to the exceptions in paragraph (c), a person 74 who has been granted an expunction under this section may not be 75 held under any law of this state to commit perjury or to be 76 otherwise liable for giving a false statement by reason of the 77 person’s failure to recite or acknowledge an expunged record of 78 a civil rights conviction. 79 (e) A person who violates this subsection commits a 80 misdemeanor of the first degree, punishable as provided in s. 81 775.082 or s. 775.083. 82 (f) This subsection is subject to the Open Government 83 Sunset Review Act in accordance with s. 119.15, and shall stand 84 repealed on October 2, 2017, unless reviewed and saved from 85 repeal through reenactment by the Legislature. 86 Section 2. The Legislature finds that it is a public 87 necessity that the criminal history record of a civil rights 88 conviction expunged by court order be confidential and exempt 89 from the provisions of s. 119.07(1), Florida Statutes, and s. 90 24(a), Article I of the State Constitution. The very purpose of 91 expunging criminal history records is to secure those records 92 from public examination. The Legislature finds that it is 93 particularly relevant in this instance when the criminal 94 violations for which the petitioners seek expunction are felony 95 and misdemeanor offenses that were used to maintain racial 96 segregation or racial discrimination. Persons thus convicted of 97 such offenses deserve to have their convictions be made 98 confidential and exempt from public disclosure. Accordingly, the 99 Legislature finds that any harm to the petitioners by allowing 100 public access to the discredited convictions substantially 101 outweighs any minimal public benefit derived from disclosure to 102 the public. 103 Section 3. This act shall take effect on the same date that 104 SB ____ or similar legislation takes effect, if such legislation 105 is enacted in the same legislative session, or an extension 106 thereof, and becomes law.