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.
   26  Be It Enacted by the Legislature of the State of Florida:
   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.