Florida Senate - 2015                (Corrected Copy)    SB 1356
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-01714-15                                           20151356__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0595, F.S.; providing an exemption from public
    4         records requirements for criminal history records that
    5         are automatically expunged upon restoration of a
    6         person’s civil rights; providing an exception;
    7         providing for future legislative review and repeal of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) is added to section 943.0595,
   15  Florida Statutes, to read:
   16         943.0595 Automatic expunction of criminal history record on
   17  restoration of civil rights; exceptions.—
   18         (6) PUBLIC RECORDS.—
   19         (a) A criminal history record expunged under this section
   20  that is retained by the department is confidential and exempt
   21  from s. 119.07(1) and s. 24(a), Art. I of the State
   22  Constitution, except that the record shall be made available to
   23  criminal justice agencies for their respective criminal justice
   24  purposes. Otherwise, such record shall not be disclosed to any
   25  person or entity, except upon order of a court of competent
   26  jurisdiction. A criminal justice agency may retain a notation
   27  indicating compliance with an expunction.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15 and shall stand
   30  repealed on October 2, 2020, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity that a criminal history record expunged under s.
   34  943.0595, Florida Statutes, that is retained by the Department
   35  of Law Enforcement be made confidential and exempt from s.
   36  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   37  State Constitution. Persons whose civil rights have been
   38  restored and whose criminal history records have been expunged
   39  could face barriers to employment and other opportunities if
   40  their criminal history records remain on record and accessible
   41  to potential employers and other persons. Therefore, it is
   42  necessary to make these records confidential in order for
   43  persons whose civil rights have been restored to have the
   44  opportunity to rebuild their lives and fully reenter society.
   45         Section 3. This act shall take effect on the same date that
   46  SB ____ or similar legislation takes effect, if such legislation
   47  is adopted in the same legislative session or an extension
   48  thereof and becomes law.