Florida Senate - 2015                                    SB 1612
       
       
        
       By Senator Detert
       
       
       
       
       
       28-02504-15                                           20151612__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         943.0584, F.S., relating to nonjudicial expunction of
    4         criminal history records; providing an exemption from
    5         public records requirements for specified records that
    6         have been approved for nonjudicial expunction;
    7         amending s. 943.0585, F.S., relating to court-ordered
    8         expunction of criminal history records; providing an
    9         exemption from public records requirements for
   10         criminal history records related to a withhold of
   11         adjudication that have been expunged; amending s.
   12         943.059, F.S., relating to nonjudicial sealing of
   13         criminal history records; providing an exemption from
   14         public records requirements for a record related to a
   15         withhold of adjudication or nonviolent misdemeanor
   16         conviction that has been approved for a nonjudicial
   17         sealing; providing for future legislative review and
   18         repeal of the exemptions; providing a statement of
   19         public necessity; providing a contingent effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (6) of section 943.0584, Florida
   25  Statutes, as created by SB 488 of the 2015 Regular Session, is
   26  amended to read:
   27         943.0584 Nonjudicial expunction of criminal history
   28  records.—
   29         (6) EFFECT OF NONJUDICIAL EXPUNCTION.—
   30         (a) A criminal history record of an adult or a minor
   31  eligible for expunction under subsection (2) which is approved
   32  for nonjudicial expunction by the department pursuant to this
   33  section is confidential and exempt from s. 119.07(1) and s.
   34  24(a), Art. I of the State Constitution.
   35         (b) A confidential and exempt criminal history record
   36  expunged under this section has the same effect, and such record
   37  may be disclosed by the department in the same manner, as a
   38  record expunged under s. 943.0585.
   39         (c) This subsection is subject to the Open Government
   40  Sunset Review Act in accordance with s. 119.15 and shall stand
   41  repealed on October 2, 2020, unless reviewed and saved from
   42  repeal through reenactment by the Legislature.
   43         Section 2. Present paragraphs (b), (c), and (d) of
   44  subsection (7) of section 943.0585, Florida Statutes, as amended
   45  by SB 488, are redesignated as paragraphs (c), (d), and (f),
   46  respectively, and new paragraphs (b) and (e) are added to that
   47  subsection, to read:
   48         943.0585 Court-ordered expunction of criminal history
   49  records.—
   50         (7) EFFECT OF EXPUNCTION.—
   51         (b)1. A criminal history record that is ordered expunged
   52  under this section and that is retained by the department is
   53  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   54  of the State Constitution and is not available to any person or
   55  entity except upon order of a court of competent jurisdiction. A
   56  criminal justice agency may retain a notation indicating
   57  compliance with an order to expunge.
   58         2. This paragraph is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15 and shall stand repealed
   60  on October 2, 2020, unless reviewed and saved from repeal
   61  through reenactment by the Legislature.
   62         (e)1. Information relating to the existence of an expunged
   63  criminal history record which is provided in accordance with
   64  paragraph (c) is confidential and exempt from s. 119.07(1) and
   65  s. 24(a), Art. I of the State Constitution.
   66         2. The existence of a confidential and exempt criminal
   67  history record expunged under this section may be disclosed by
   68  the department to the entities set forth in subparagraphs (c)1.,
   69  4., 5., 6., 7., and 8. for their respective licensing, access
   70  authorization, and employment purposes, and to criminal justice
   71  agencies for their respective criminal justice purposes. It is
   72  unlawful for any employee of an entity set forth in subparagraph
   73  (c)1., subparagraph (c)4., subparagraph (c)5., subparagraph
   74  (c)6., subparagraph (c)7., or subparagraph (c)8. to disclose
   75  information relating to the existence of an expunged criminal
   76  history record of a person seeking employment, access
   77  authorization, or licensure with such entity or contractor,
   78  except to the person to whom the criminal history record relates
   79  or to persons having direct responsibility for employment,
   80  access authorization, or licensure decisions.
   81         3. A person who violates this paragraph commits a
   82  misdemeanor of the first degree, punishable as provided in s.
   83  775.082 or s. 775.083.
   84         4. This paragraph is subject to the Open Government Sunset
   85  Review Act in accordance with s. 119.15 and shall stand repealed
   86  on October 2, 2020, unless reviewed and saved from repeal
   87  through reenactment by the Legislature.
   88         Section 3. Present paragraphs (a), (b), and (c) of
   89  subsection (6) of section 943.059, Florida Statutes, as amended
   90  by SB 488 of the 2015 Regular Session, are redesignated as
   91  paragraphs (b), (c), and (e), respectively, and new paragraphs
   92  (a) and (d) are added to that subsection, to read:
   93         943.059 Nonjudicial sealing of criminal history records.—
   94         (6) EFFECT OF SEALING.—
   95         (a)1. Any criminal history record of an adult or a minor
   96  described in paragraph (2)(a) which is approved for nonjudicial
   97  sealing by the department pursuant to this section is
   98  confidential and exempt from of s. 119.07(1) and s. 24(a), Art.
   99  I of the State Constitution.
  100         2. A confidential and exempt criminal history record may be
  101  disclosed by the department to:
  102         a. The person who is the subject of the record or to the
  103  subject’s attorney.
  104         b. A criminal justice agency in the furtherance of its
  105  lawful duties and responsibilities, which include conducting a
  106  criminal history background check for approval of firearms
  107  purchases or transfers as authorized by state or federal law.
  108         c. A judge in the state courts system for the purpose of
  109  assisting in case-related decisionmaking responsibilities as set
  110  forth in s. 943.053(5).
  111         d. Those entities set forth in subparagraphs (b)1., 4., 5.,
  112  6., 8., 9., and 10. for their respective licensing, access
  113  authorization, and employment purposes.
  114         3. This paragraph is subject to the Open Government Sunset
  115  Review Act in accordance with s. 119.15 and shall stand repealed
  116  on October 2, 2020, unless reviewed and saved from repeal
  117  through reenactment by the Legislature.
  118         (d) Information relating to the existence of a sealed
  119  criminal history record which is provided in accordance with
  120  paragraph (b) is confidential and exempt from s. 119.07(1) and
  121  s. 24(a), Art. I of the State Constitution, except that the
  122  department shall disclose the sealed criminal history record to
  123  the entities set forth in subparagraphs (b)1., 4., 5., 6., 8.,
  124  9., and 10. for their respective licensing, access
  125  authorization, and employment purposes and to criminal justice
  126  agencies for their respective criminal justice purposes. It is
  127  unlawful for any employee of an entity set forth in subparagraph
  128  (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph
  129  (b)6., subparagraph (b)8., subparagraph (b)9., or subparagraph
  130  (b)10. to disclose information relating to the existence of a
  131  sealed criminal history record of a person seeking employment,
  132  access authorization, or licensure with such entity or
  133  contractor, except to the person to whom the criminal history
  134  record relates or to persons having direct responsibility for
  135  employment, access authorization, or licensure decisions. A
  136  person who violates this paragraph commits a misdemeanor of the
  137  first degree, punishable as provided in s. 775.082 or s.
  138  775.083.
  139         Section 4. The Legislature finds that it is a public
  140  necessity that the criminal history records of an adult or minor
  141  that have been expunged or sealed pursuant to s. 943.0584, s.
  142  943.0585, or s. 943.059, Florida Statutes, be made confidential
  143  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  144  Article I of the State Constitution. Many people whose
  145  prosecutions have been abandoned, who were found not guilty
  146  subsequent to a jury trial, or who have completed any sanctions
  147  imposed by the court in the criminal or juvenile justice system
  148  find it difficult to obtain employment. The presence of a
  149  criminal history record in these individuals’ past creates an
  150  unnecessary barrier to becoming productive members of society
  151  and may jeopardize their ability to achieve a safe livelihood.
  152  The Legislature therefore finds that it is in the best interest
  153  of the public that persons be given the opportunity to become
  154  contributing members of society.
  155         Section 5. This act shall take effect on the same date that
  156  SB 488 or similar legislation relating to expunging and sealing
  157  of criminal history records takes effect, if such legislation is
  158  adopted in the same legislative session or an extension thereof
  159  and becomes a law.