Florida Senate - 2013                             CS for SB 1734
       
       
       
       By the Committee on Criminal Justice; and Senator Flores
       
       
       
       
       591-03357-13                                          20131734c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0583, F.S.; providing an exemption from public
    4         records requirements for criminal history records of
    5         victims of human trafficking expunged under s.
    6         943.0583, F.S.; providing for future legislative
    7         review and repeal of the exemption under the Open
    8         Government Sunset Review Act; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1.  Subsection (9) of section 943.0583, Florida
   15  Statutes, is created to read:
   16         943.0583 Human trafficking victim expunction.—
   17         (9)(a) A criminal history record ordered expunged under
   18  this section that is retained by the department is confidential
   19  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   20  Constitution and shall not be disclosed to any person or entity
   21  except upon order of a court of competent jurisdiction. A
   22  criminal justice agency may retain a notation indicating
   23  compliance with an order to expunge.
   24         (b) This subsection is subject to the Open Government
   25  Sunset Review Act in accordance with s. 119.15 and shall stand
   26  repealed on October 2, 2018, unless reviewed and saved from
   27  repeal through reenactment by the Legislature.
   28         Section 2. The Legislature finds that it is a public
   29  necessity that persons who are victims of human trafficking and
   30  who have been convicted of crimes committed at the behest of
   31  their traffickers are themselves victims of crimes. Such victims
   32  face barriers to employment and other life opportunities as long
   33  as these criminal convictions remain on record and accessible to
   34  potential employers and others. It is necessary that these
   35  records be made confidential in order for human trafficking
   36  victims to have the chance to rebuild their lives and reenter
   37  society.
   38         Section 3. This act shall take effect on the same date that
   39  SB 1644 or similar legislation takes effect, if such legislation
   40  is adopted in the same legislative session or an extension
   41  thereof and becomes law.
   42         Section 4. This act shall take effect July 1, 2013.