Florida Senate - 2014                                    SB 1426
       
       
        
       By Senator Flores
       
       
       
       
       
       37-01921-14                                           20141426__
    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 investigative information
    5         relating to criminal history records of human
    6         trafficking victims that have been ordered expunged;
    7         providing for future legislative review and repeal of
    8         the exemption; providing a statement of public
    9         necessity; providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (10) of section 943.0583, Florida
   14  Statutes, is amended to read:
   15         943.0583 Human trafficking victim expunction.—
   16         (10)(a) A criminal history record ordered expunged under
   17  this section and related investigative information that are is
   18  retained by the department are is confidential and exempt from
   19  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
   20  except that the record and investigative information shall be
   21  made available to criminal justice agencies for their respective
   22  criminal justice purposes. Otherwise, such record or information
   23  shall not be disclosed to any person or entity except upon order
   24  of a court of competent jurisdiction. A criminal justice agency
   25  may retain a notation indicating compliance with an order to
   26  expunge.
   27         (b) This subsection is subject to the Open Government
   28  Sunset Review Act in accordance with s. 119.15 and shall stand
   29  repealed on October 2, 2019 2018, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that investigative records related to a criminal
   33  history record ordered expunged under s. 943.0583, Florida
   34  Statutes, that are retained by the Department of Law Enforcement
   35  be made confidential and exempt from s. 119.07(1), Florida
   36  Statutes, and s. 24(a), Article I of the State Constitution.
   37  Persons who are victims of human trafficking and who have been
   38  charged with crimes allegedly committed at the behest of their
   39  traffickers are themselves victims of crimes. Such victims face
   40  barriers to employment and other life opportunities as long as
   41  these criminal charges remain on record and accessible to
   42  potential employers and others. It is necessary that these
   43  records be made confidential in order for human trafficking
   44  victims to have the chance to rebuild their lives and reenter
   45  society.
   46         Section 3. This act shall take effect on the same date that
   47  SB ____ or similar legislation relating to human trafficking
   48  takes effect, if such legislation is adopted in the same
   49  legislative session or an extension thereof and becomes a law.